Terminating the Employment Relationship

a. Should I File the Application? If an employer believes the safety employee is disabled from the performance of their usual duties, the employer has an obligation to file an application for disability retirement on behalf of the employee if the employee has not already done so or chosen to waive their right to a disability retirement. 263 An employee is believed to be disabled if the employer cannot accommodate an employee’s medical/psychological restrictions within the employee’s same classification with the same salary, benefits and real promotional opportunities. 264 An employer may not separate an employee believed to be disabled and must file an application for disability retirement if the employee is otherwise eligible for a disability retirement (e.g. the employee has the requisite number of years of service). 265 b. The Application Has Been Filed, Now What? After the disability retirement application has been filed with CalPERS, the contracting agency will receive notification from CalPERS that the agency must determine whether the local safety member is substantially incapacitated from the performance of their usual duties. The contracting agency must make its determination within six months from the date it received notification from CalPERS. However, if the contracting agency obtains an agreement from the local safety member to extend this time period, it may do so. 266 c. How Do I Gather Information About the Local Safety Member? An agency’s determination must be made upon “competent medical evidence” as to whether the local safety member is substantially incapacitated from the performance of their usual duties permanently or for an extended duration, which is expected to last at least 12 consecutive months or will result in death, or extended and uncertain duration. If the agency does not already have medical information to make the determination, it may need to ask the local safety member to execute a release of medical information. The agency may then obtain the necessary medical records. The agency will also want to review the job description, as well as communicate with the member’s supervisor and other available resources to gain a compl ete understanding of the member’s usual duties. d. Can We Ask the Member to Submit to a Medical Examination? The contracting agency may order a medical examination of the member to determine if the member is qualified for a disability retirement. 267 If the agency requests that the member submit to a medical examination and the member is required to travel more than 50 miles one way, the member shall be entitled to reimbursement for expenses of transportation, meals and lodging incident to the examination. “Expenses of transportation” means the member’s mileage fees (and tolls) from their home to the place of the examination and back, up to a maximum of 300 miles round trip if the member uses their private transportation. 268

Terminating the Employment Relationship ©2022 (s) Liebert Cassidy Whitmore 75