This presentation is separated into three sections:

1. Overview

2. Reasonable Accommodation and Supplemental Allowance

3. Plan E to D Transfer

Terms Service-connected Disability

Eligible from 1st day of employment Must be permanently disabled Must have a direct causational link to the workplace

Nonservice-connected Disability Must have at least 5 years of service (60 months) Must be permanently disabled No direct link to the workplace

Service Retirement Concurrent with Disability Application Waive reinstatement rights

Workers’ Compensation provides different benefits from County Retirement:

Temporary Disability Permanent Disability Rehab or supplemental job displacement benefit

LACERA’s Board of Retirement (BOR) not bound by Workers’ Compensation; not party to Workers’ Compensation Decisions

LACERA is separate, legal entity – findings made in Workers’ Compensation cases are not binding in County Retirement System

LACERA grants only Permanent Incapacity

Workers’ Compensation vs. Disability Retirement Law Comparison

Application Employee may fill out a Disability application

or a Human Resources Professional may fill it out on the employees behalf.

Disability packages can be found on lacera.com. You may download or order online.

Disability Retirement Package for Employees Disability Retirement Brochure Disability Retirement Eligibility and Application Instructions Application for Disability Retirement Physician Statement for Disability Retirement Taxability of a LACERA Disability Retirement Allowance Claims Against Third Parties Authorization to Obtain and Release Records

Disability Retirement Package for Employers Disability Retirement brochure Disability Retirement Eligibility and Application Instructions

(Department version) Application for Disability Retirement

Discovery and Obtaining Records Records obtained prior to interviewing the employee:

Medical/Psychiatric Records through TPA or private Personnel Records (cooperative effort with county departments)

Performance Evaluations Grievance Filing/Internal Investigations

Worker’s Compensation Files Benefit Awards Notice of Work Restrictions List of All Claims Filed Electronic Access Listing Third Party Administrator Assistance CAO Office Communication

Employee Interview Prepare a Disability Evaluation Summary Report The interview is conducted to obtain the following information:

History of Injury/Illness Occupational History/Physical Requirements Light Duty/Accommodated Assignments Current Symptoms/Complaints Retroactive Recommendation

Witness Statements Investigator contacts supervisor and/or co-workers:

Statements to verify the witnessing of injury/illness “Actual job duties” Physical requirements Frequency of movements Ability to perform duties

Return-to-work Coordinator statements regarding accommodation

Medical Examination Send Medical Records and Summary Report to Panel Physician

(Panel Physician Guidelines) The mechanism of injury Show history and track treatment rendered General medical history

Board Preparation Notify the Member/Attorney, in writing, of exam

date Notify the Member/Attorney, in writing, of Board

date

Member/Attorney may attend the closed session, but he/she may not address the Board regarding the application

Processing Timeframes Minimum amount of time to process a disability application is 7

to 9 months This is based on a single claim of disability Extra time may be needed for extensive investigation or delays in

obtaining medical evidence Additional medical specialties evaluations may also be required

Reasonable Accommodation Workers’ Compensation vs. Disability Retirement

Workers’ Compensation (Form of Vocational Rehabilitation) In Worker’s Pre-Injury Job Class (Modified Work) In New Job Class (Alternative Work)

Disability Retirement In Applicant’s Pre-Injury job class, therefore Applicant not Permanently

Incapacitated In new job class, but only after found to be Permanently Incapacitated

(re-employment plan pursuant to Section 31725.65)

Employee working within Reasonable Accommodation Workers’ Compensation

Within worker’s job class (Modified Work) Employer may provide modification to applicant’s assignment or offer

another assignment in job class Written offer If worker accepts offer, and accommodation is successful, a disability

retirement application is avoided

In new job class (Alternative Work) Employer provides permanent accommodation in new job class

Written offer to worker Worker either returns to work or may file a disability application

Employee working within Reasonable Accommodation (cont’d)

Disability Retirement In Applicant’s Pre-Injury job class, Applicant not considered

Permanently Incapacitated In new job class, but only after found to be Permanently Incapacitated

(re-employment plan pursuant to Section 31725.65) Board of Retirement (BOR) has fiduciary duty to independently

investigate and determine availability of reasonable accommodation BOR decision not dependent on whether employer has actually

offered accommodation to applicant BOR is a separate legal entity, empowered to make its own finding of

fact

Employee working within Reasonable Accommodation (cont’d)

Disability Retirement If BOR determines reasonable accommodation is available within

applicant’s pre-injury job class: Applicant Is Not Permanently Incapacitated Disability Retirement Is Denied

Supplemental Disability Allowance (Salary Supplement) Why do we retain disabled employees in County Service?

County Departments face critical budget cuts, layoffs, and hiring freezes. Salary Supplement is the process of retaining experienced, disabled employees in County positions.

Supplemental Disability Allowance Government Codes Sections 31725.5, 31725.6 and 31725.65

Applications are to be treated like any other application; the criteria is that the applicant must be found disabled from the ORIGINAL position

Also Known as Salary SupplementThe Supplement Disability Allowance is commonly referred to as the Salary Supplement in LACERA member materials, including the Summary Plan Descriptions (Plan Books).

Section 31725.5 - Applies to nonservice-connected disability retirements only

Section 31725.6 and/or 31725.65 - Applies to service-connected disability retirements only

Voluntary Demotion There are two options for Voluntary Demotion:

1. Demoted to lesser position, lesser salary, and no provisions to supplement for the pay cut. These cases will have the supplement start on either the date of application or the date of demotion per Section 31724.

2. Demoted to lesser position, with a Y-Rate, assigned at the time of demotion. Pay stays the same until disability is determined.

Conditions of Supplemental Disability Allowance Contingent on:

The offer of a permanent position with a lower salary schedule which accommodates the employee’s permanent work restrictions

The acceptance of this position by the employee

Engaging the Process The Disability Retirement Services Division works closely with

County Departments’ Human Resource managers and Return to Work Coordinators to facilitate a better awareness of the Salary Supplement options

Department’s Responsibilities Confirm the employee has applied for disability retirement

benefits with the Salary Supplement Place the employee on a “Y”-Rate; pending the Board of

Retirement’s action The employee’s salary remains unchanged during the disability

retirement application process

LACERA’s Responsibilities Once the Board of Retirement takes

action, the Department is notified and an effective date for the Salary Supplement is established

If the application is denied, appeal rights are not affected

Member’s Future Earnings The calculation is based upon the member’s actual earnings at

the time the benefit is granted. The calculation does not allow for future item raises and cost-of-living increases.

The member can be promoted in the new position career chain. When the member receives a pay raise, it is reviewed against the original item number salary and the Salary Supplement is lowered accordingly. If the new item number salary exceeds the original position’s salary, the Salary Supplement stops.

SCD Supplemental Disability

Allowance CalculationDeputy Sheriff I permanently demoted to Dispatcher:Previous position monthly salary = $6,077.36NEW position monthly salary = $3,996.82Difference in salary = $2,080.54SCD Supplemental Retirement Allowance = $2,080.54SCD Benefit if member retires

(50% final comp) = $3,038.54

Q: To receive a Disability Retirement as a Prospective Member is there a time requirement?

Yes, completion of two continuous years of active service after his or her most recent transfer date, or

Earned five years of retirement service credit under Retirement Plan D after his or her most recent transfer date (Section 31494.5(e))

Q: When is a prospective transferee eligible for a SCD? A prospective Plan D transferee must

satisfy one of two waiting periods in order to apply for a disability retirement

1. Complete two continuous years of active service after his or her most recent transfer date, or

2. Earn five years of retirement service credit under Retirement Plan D after his or her most recent transfer date (Section 31494.5(e))

Q: When is a prospective transferee eligible for a Nonservice-connected disability retirement?

One is eligible to apply for a nonservice-connected disability under Plan D, regardless of the date of injury, once they have a minimum of five years of County service credit, and have met one of the Plan D service credit options previously listed

Q: Can a paid leave of absence be “active service”? A paid leave of absence or part-time

work schedule is considered “active service,” unless “the leave of absence or part-time service is necessitated by a pre-existing disability, injury, or disease” (Section 31494.5(g)(1))

Q: To receive a Disability Retirement (NSCD or SCD) as an Open Window Transfer Member, is there any special time requirement?

No. Since you must purchase all Plan E service at one time, a member is eligible for disability retirement once the contract is paid in full. The member will then become a Plan D member, with cumulative service credit beginning effective date of transfer.