Principles for Public Safety Employment

involving a miscellaneous employee or a safety officer who will not receive advanced disability pension payments, this case raises a risk that the employee could successfully assert that he or she must be placed on, or remain on, paid leave while the application is pending. Consequently, employers need to closely analyze the circumstances of each disability retirement matter to determine whether unpaid leave is appropriate.

2. D ETERMINATION OF E LIGIBILITY FOR D ISABILITY R ETIREMENT M AY B E M ADE BY A “D ULY A UTHORIZED O FFICIAL ” OF THE A GENCY The governing board of your agency may designate an official to make determinations regarding whether individuals qualify for disability retirements. 350 3. D ISABILITY R ETIREMENT M AY N OT B E U SED I N P LACE OF D ISCIPLINARY T ERMINATION The board of governing body of the contracting agency is required to make a determination on a member’s disability retirement on the basis of competent medical opinion and shall not use disability retirement as a substitute for the disciplinary process. 351 An employer must forward all relevant personnel and medical records to CalPERS and obtain CalPERS’ determination that the employee is eligible to apply for disability retirement before an employer starts the process of disability determination in any of the following circumstances:

 Disciplinary process underway prior to the employee’s separation from employment.  The employee was terminated for cause.  The employee resigned in lieu of termination.  The employee signed an agreement to waive his or her reinstatement right as part of a legal settlement.  The employee has been convicted of or is being investigated for a work related felony. 352

An employer’s resolution document for disability retirement must include, among other information, a statement certifying under penalty of perjury that the determination as not used a substitute for the disciplinary process. If any of the above mentioned circumstances is met, a statement must also be included that confirms that all relevant personnel documents were forwarded to CalPERS and CalPERS’ determination is that the employee is eligible to apply for disability retirement was obtained prior to starting the process of determination. 353

Principles for Public Safety Employment ©2022 (s) Liebert Cassidy Whitmore 108