FROM: Barbara Hannah, Chief Counsel
SUBJECT: Benefits Policy No. 036 (Disability Retirement Effective Date)
RECOMMENDATION:
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Recommend that the Board approve and adopt Benefits Policy No. 036 (Disability Retirement Effective Date).
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BACKGROUND:
The purpose of Benefits Policy No. 036 (Disability Retirement Effective Date) is to provide a clear framework for evaluating delayed disability retirement applications under the County Employees Retirement Law, specifically Government Code section 31724, to determine the effective date of a member's disability retirement benefit. Benefits Policy No. 036 ensures that a member who is entitled to receive an earlier effective date is not unjustly denied the earlier effective date due to delays caused by an administrative oversight or the inability to determine the permanency of their incapacity until after the last day of regular compensation. In addition, the Policy formalizes the process for assessing circumstances to determine entitlement to an earlier effective date and outlines procedural steps to ensure consistent and fair decision-making with regard to a member's application.
A. Exceptions and Circumstances
There are two primary exceptions in accordance with Government Code section 31724 for a delayed application that would permit the Board to grant an earlier effective date other than the date of application as the effective date.
1. Administrative Oversight
Section II. A. covers circumstances where the delay in filing an application is due to errors, such as a failure to inform the member of their right to apply for a disability retirement, lost paperwork, incorrect information provided, or failure to process necessary forms.
2. Inability to Ascertain Permanency of Incapacity
Section II. B. accounts for cases where, despite diligent medical care and evaluation, the member could not reasonably determine their incapacity was permanent until the day after the last day they received re...
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