Principles for Public Safety Employment

4. A P UBLIC S AFETY E MPLOYEE M AY A PPEAL AN A GENCY ’ S D ETERMINATION OF D ISABILITY If your agency decides whether to grant disability retirement for an employee, the employee may appeal the determination of the agency that he/she qualifies or not for a disability retirement. Appeal hearings are conducted by an administrative law judge of the Office of Administrative Hearings. 354 An administrative law judge’s decision after such an appeal is generally non binding, i.e., advisory only. F. W HEN A D ISABLED E MPLOYEE Q UALIFIES FOR A D ISABILITY R ETIREMENT AND A S ERVICE R ETIREMENT A disabled employee for whom application for a disability retirement is made and who qualifies for a service retirement must apply for a service retirement: 1) prior to the effective date of his or her disability retirement, or 2) within 30 days after the employee is notified of his or her eligibility for retirement on account of disability. 355 G. A DVANCED D ISABILITY P AYMENTS If a public safety employee qualifies for benefits under Section 4850 and is approved by the agency for a disability retirement, an employer may make advanced disability pension payments to the employee. 356 1. R EIMBURSEMENT FOR A DVANCED D ISABILITY P AYMENTS CalPERS will reimburse the employer for advanced disability pension payments as deductions are made from the member’s allowance until the total has been repaid. 2. E FFECT OF S ICK L EAVE P OLICY If a local agency has adopted a policy of paying for any accumulated sick leave after an employee is eligible for a disability allowance, or in connection with an industrial injury, then advanced disability pension payments may begin only after the employee has exhausted all sick leave payments. Check your agency’s policy regarding payment for accumulated sick leave. H. S TEPS TO L IMIT P AYMENT OF 4850 B ENEFITS  Determine whether the public safety employee qualifies for a disability retirement.  Begin advanced disability payments as soon as possible.  Review your agency’s policy regarding payment for accumulated sick leave.

 If the policy requires payment of accumulated sick leave after an employee qualifies for a disability retirement, consider modifying the policy if at all possible.

Principles for Public Safety Employment ©2022 (s) Liebert Cassidy Whitmore 109