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DISABILITYRETIREMENT

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WHAT BENEFITS DOES LACERA OFFER?

SalarySupplement

ServiceRetirement

Service-Connected Disability

Nonservice-Connected Disability

Concurrent with

disability application

Waive reinstatement

rights

Eligible from first day

of employment

Must be permanently

disabled

Must have a direct

causational link to

the workplace

Benefit = 50% of

salary, tax free, and

50% medical subsidy

Must have at least

five years of service

(60 months)

Must be permanently

disabled

No direct link to the

workplace

Benefit = up to 33.3%

of salary

Same application

process as

SCD/NSCD

Allows member to

continue working in a

new position

Benefit amount is

dependent on

SCD/NSCD

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A STEP-BY-STEP GUIDE

DISABILITY RETIREMENT

Eligibility and Benefits

Application Process

Board of Retirement Actions

Frequently Asked Questions

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APPLICATIONEMPLOYEE

Disability Retirement: A Step-by-Step Guide

Application for Disability Retirement

Authorization for Release of Medical, Psychological, Employment Records and Information, and Workers’ Compensation Records

Physician Statement for Disability Retirement

Missed Medical Appointment Form

Claims Against Third Parties

Notice of Attorney Representation

Application for Supplemental Disability Allowance

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EMPLOYER

Disability Retirement Brochure

Disability Retirement Eligibility and DepartmentApplication Instructions

Application for Disability Retirement

Missed Medical Appointment Form

Physician Statement for Disability Retirement

Claims Against Third Parties

Authorization to Obtain & Release Records

APPLICATION

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EMPLOYER-FILED APPLICATIONS

When applying on behalf of the employee, be as thorough as possible and include:

Class specification, list of usual and customary duties, physical demands (current RU-91)

Duties the employee can no longer sustain (can be discussed during IPM)

Written documentation of department’s efforts to accommodate

Class Specification (for both original and new positions)

List of usual and customary duties for identified position

Identified position that employee is willing to acceptIf applying for a

supplemental benefit also include:

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WE NEED MEMBER COOPERATION

The member will be contacted, informed that the department has applied on their behalf, and provided with a copy of the employer-filed application.

The member will be counseled on the process and the documents required in order to proceed.

The member has 30 days to respond (cooperate).

Should the member not cooperate, the case will be closed and the department notified in writing. This does not prevent the member from filing their own application at a later date.

If a department files on behalf of a member, DRS cannot proceed unless the member cooperates and provides the supporting documents.

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WHEN SHOULD THEY APPLY?

“Permanent and stationary” is not relevant to disability retirement.

There is no need to wait for a workers’ compensation case to settle.

LACERA does not base their determination on WC decisions or utilize work restrictions provided by a treating physician or AME.

The employee can apply as long as their physician deems them permanently incapacitated per disability retirement standards.

An application for disability retirement must be filed while the member is in active service or within four months of terminating County service.

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APPLICATION PROCESSRE

VIEW

APP

LICA

TIO

N

Complete ApplicationEligibility AssessmentInitial Counseling Needs

OBT

AIN

REC

ORD

SMedical ProvidersThird Party Administrators(TPAs)Personnel and Return to Work CO

NDU

CT IN

TERV

IEW

Employee Statements

Supervisor, Co-Worker, and/or RTW Statements

EXA

M B

Y PA

NEL

PH

YSIC

IAN

Incapacity

Service Connection

Work Restrictions (if any) SU

BMIT

TO

TH

E BO

ARD

The Board of Retirement is the Final Trier of Fact

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THE BOARD DECISION

A recommendation is submitted to the Board of Retirement.

After the decision, the applicant will be notified in writing of the BOR’s decision and appeal rights.

Decisions will be posted on the LACERA website within 48 hours of the Board meeting. The history of Board actions can be found on HR Pros.

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Effective dates are coordinated with LACERA’s Benefits Division, the employee, and the employee’s department.

The Benefits Division will contact the member within 45 days of the Board decision.

WHEN IS IT EFFECTIVE?

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SUPPLEMENTAL DISABILITY

ALLOWANCE

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(SALARY SUPPLEMENT)SUPPLEMENTAL DISABILITY ALLOWANCE

The vacant position’s classification must be known prior to evaluation by our Board Panel Physician, and available at the time the Board grants the benefit.

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

The acceptance of this position by the employee

The Board’s determination that the employee is disabled from the original position and can do the new position

A Supplemental Disability Allowance allows the County to retain experienced, incapacitated employees in County positions. It is contingent on:

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APPLICATION FOR SUPPLEMENTAL DISABILITY ALLOWANCE

Applicant must submit theApplication for SupplementalDisability Allowance withinsix months of the disability retirement application.

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RESPONSIBILITIES

DEPARTMENT

Disability Retirement Services works closely with RTW to facilitate a better awareness of the salary supplement options.

DISABILITY RETIREMENTConfirm the employee has applied for disability retirement benefits with the salary supplement

Can sit employee in item pending the Board’s decision

For cautionary purposes, it is recommended the employee’s salary and item remain unchanged during the disability retirement application process

Can be present during an IPM if requested

Will provide counseling to the member

The evaluation process remains the same

Active communication with the department

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MEMBER’S FUTURE EARNINGS

The calculation is based on the member’s scheduled earnings and the type of benefit granted.

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 adjusted accordingly.

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HOW IS THE BENEFIT CALCULATED?

Power Equipment Technician demoted to Intermediate Typist Clerk: Scenario 1 Scenario 2

Previous position monthly salary $6,000 $6,000

SCD Supplemental Retirement Allowance(50% previous position monthly salary) $3,000 $3,000

NEW position monthly salary $3,500 $2,500

Difference in salary $2,500 $3,500

Applicant’s NEW monthly income $6,000 $5,500

This is the Maximum Benefit

Exceeds the Maximum Benefit

Cannot exceed the original salary.Benefit is limited to the lesser of the

difference in salary or supplemental retirement allowance.

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THE BOARD GRANTED THE SUPPLEMENT.

Once the Board takes action, the department is notified and an effective date for the salary supplement is established.

The department may then place the employee in the new job item.

Note: The salary supplement is considered a benefit in lieu of a pension. Therefore, service and non-service connected salary supplements are taxable per IRS rules. In addition, salary supplements are not entitled to COLA.

The employee may elect to terminate service at any time and take their disability retirement benefit. There is no need to reapply for disability retirement.

WHAT’S NEXT?

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WHAT IF THE BOARD DENIES IT?

If the Board Panel Physician provides DRS with work restrictions, they will be provided to the department prior to submission to the Board of Retirement. If the department is able to permanently accommodate the restrictions, and the accommodation is found to be reasonable, disability retirement may be denied.

If the Board determines that the employee is not disabled, the employee is capable of returning to work, full duty, to the original position.

When the Board makes an adverse finding against the applicant, the applicant and/or department can appeal the decision within 30 days.

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LONG-TERM DISABILITY

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LONG-TERM DISABILITY

To extend Long-Term Disability benefits after 24 months, the employee must be deemed disabled according to Social Security guidelines, and they must file (if eligible) for a service retirement and/or a disability retirement with LACERA.

Note: The salary supplement is still considered a disability retirement. The only difference is that with a salary supplement, an employee can continue working.

The employee may elect to terminate service at any time and take their disability retirement benefit. There is no need to reapply for disability retirement.

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NOWWHAT?

1. Stop working

2. Contact your department

3. LACERA will contact your department

4. Speak to a retirement benefits specialist

5. Fill out forms

6. LACERA will continue the process

7. Payments will begin

LACERA’S BOARD OF RETIREMENT HAS GRANTED YOU A DISABILITY RETIREMENT.

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the date of your application, but not earlier than the day after your last date of regular compensation; or

the date after your last date of regular compensation, if a retroactive date is granted by the Board.

YOUR DISABILITY EFFECTIVE DATE IS:

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If you are granted an earlier effective date by the Board, you can choose the date after your last date of compensation or the date of application.

There are several factors to consider when selecting the date, such as long-term disability from the County and the amount of your final compensation.

Reciprocity: You cannot receive a larger disability retirement benefit than what you would have received if all of your service had been with just one system.

IMPORTANT CONSIDERATIONS

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QUESTIONS?

WEB

www.lacera.com

EMAIL

rlurina@lacera.com

LACERA

300 N. Lake, Pasadena, CA, 91101

PHONE626-564-6000 ext. 4445

Russell LurinaSenior Disability Retirement Specialist