LACERA Investigators & RTW Coordinators How Your Efforts Help Us (and hopefully you too) Presented by Richard Schlosser & Shari Altmark Disability Retirement Section Supervisors

Service Connected Disability Eligible from 1st day of employment Must be permanently disabled Must have a direct causational link to the workplace Non Service 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 DISABILITY RETIREMENT: GENERAL TERMS

DISABILITY RETIREMENT vs. WORKERS’ COMPENSATION Comparison Worker’s Compensation vs. Retirement Law Worker’s Comp. system provides different benefits from County Retirement System: Temporary Disability Permanent Disability Rehab or supplemental job displacement benefit LACERA’s Board of Retirement not bound by Worker’s Comp. system; and is not a party to Worker’s Comp. Decisions LACERA grants only Permanent Incapacity

EMPLOYEE’S APPLICATION EMPLOYER’S APPLICATION

Contents Within Employee’s Disability Retirement Packet Contents Within Employee’s Disability Retirement Packet Disability Retirement brochure Disability Retirement brochure Disability Retirement Eligibility and Application Instructions Disability Retirement Eligibility and Application Instructions Application for Disability Retirement Application for Disability Retirement Physician Statement for Disability Retirement Physician Statement for Disability Retirement Claims Against Third Parties form Claims Against Third Parties form Authorization to Obtain and Release Records and Information, signed by applicant Authorization to Obtain and Release Records and Information, signed by applicant

Contents Within Employer’s Packet Contents Within Employer’s Packet Disability Retirement brochure Disability Retirement brochure Disability Retirement Eligibility and Application Instructions (Department version) Disability Retirement Eligibility and Application Instructions (Department version) Application for Disability Retirement Application for Disability Retirement

Discovery and Obtaining of Records Discovery and Obtaining of Records Following records obtained prior to interviewing the member Following records obtained prior to interviewing the member (where applicable): Medical/Psychiatric Records through TPA or private Medical/Psychiatric Records through TPA or private Personnel Records (cooperative effort with county departments) Personnel Records (cooperative effort with county departments) Performance Evaluations Performance Evaluations Grievance Filing/Internal Investigations Grievance Filing/Internal Investigations Workers’ Compensation Files Workers’ Compensation Files Benefit Awards Benefit Awards Notice of Work Restrictions Notice of Work Restrictions List of All Claims Filed List of All Claims Filed Electronic Access Listing Electronic Access Listing Third Party Administrator Assistance Third Party Administrator Assistance CEO Office Communication CEO Office Communication

Member Interview Member Interview Prepare a Disability Evaluation Summary Report Prepare a Disability Evaluation Summary Report The interview with employee is conducted to obtain information regarding the following: The interview with employee is conducted to obtain information regarding the following: History of Injury/Illness History of Injury/Illness Occupational History/Physical Requirements Occupational History/Physical Requirements Light Duty/Accommodated Assignments Light Duty/Accommodated Assignments Current Symptoms/Complaints Current Symptoms/Complaints Retroactive Recommendation Retroactive Recommendation

Witness Statements Witness Statements Investigator contact with supervisor and/or co-workers: Investigator contact with supervisor and/or co-workers: Statements to verify the witnessing of injury/illness Statements to verify the witnessing of injury/illness “actual duties” “actual duties” Physical requirements Physical requirements Frequency of movements Frequency of movements Ability to perform duties Ability to perform duties Return-to-work Coordinator statements regarding accommodation Return-to-work Coordinator statements regarding accommodation

Medical Examination Medical Examination Send Medical Records and Summary Report to Panel Physician (Panel Physician Guidelines) Send Medical Records and Summary Report to Panel Physician (Panel Physician Guidelines) The mechanism of injury The mechanism of injury Show history and track treatment rendered Show history and track treatment rendered General medical history General medical history Board Preparation Board Preparation Notify the member/attorney in writing of exam date Notify the member/attorney in writing of exam date Notify the Member/Attorney in writing of Board 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 Member/Attorney may attend the closed session, but he/she may not address the Board regarding the application

Processing Timeframes Processing Timeframes Minimum amount of time to process a disability application is 7 to 9 months Minimum amount of time to process a disability application is 7 to 9 months Assuming only one claim of disability involved; Assuming only one claim of disability involved; Extra time is needed for extensive investigation or delays in obtaining medical evidence; or Extra time is needed for extensive investigation or delays in obtaining medical evidence; or Additional medical specialties evaluations are needed Additional medical specialties evaluations are needed

What is a “Reasonable Accommodation?” Position within Applicant’s current job class that is modified to accommodate permanent work restrictions. The employer may choose to modify the applicant’s current assignment or offer another assignment, so long as it is within the same job class. The offer must be written The BOR’s decision is not dependent on whether or not the Applicant accepts position. REASONABLE ACCOMMODATION: DISABILITY RETIREMENT

Board of Retirement (BOR) is a separate legal entity, empowered to make its own findings of fact 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. However, if there is a written offer of a permanent accommodation within applicant’s job class: Applicant is found to be not permanently incapacitated Disability retirement is denied

Supplemental Retirement Allowance is a good way retaining disabled members in County Service. County Departments face critical budget cuts, lay offs, and hiring freezes. Salary Supplement is the process of retaining experienced employees in rehabilitation positions. Government Codes and /.65 Applications are to be treated like any other application; the criteria is that the applicant must be found disabled from the ORIGINAL position. SUPPLEMENTAL RETIREMENT ALLOWANCE Section Applies to nonservice-connected disability retirements. Section /.65 Applies to service-connected disability retirements.

A voluntary Demotion can be done two ways: 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 Demoted to lesser position, with a Y-Rate, assigned at the time of demotion. Pay stays the same until disability is determined. VOLUNTARY DEMOTION

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 CONDITIONS FOR SUPPLEMENTAL RETIREMENT ALLOWANCE

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 are: 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 Ensure the employee’s salary remains unchanged during the disability retirement application process SALARY SUPPLEMENTAL ALLOWANCE

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 ENGAGING THE PROCESS

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 allowance is lowered accordingly. If the new item number salary exceeds the original position’s salary, the Salary Supplement allowance stops.

Example #1: Example #1: Previous position monthly salary =$4,000 Previous position monthly salary =$4,000 Disability Allowance =$1,333 Disability Allowance =$1,333 New Position monthly salary =$3,000 New Position monthly salary =$3,000 LACERA pays =$1,000 LACERA pays =$1,000 Example #2: Example #2: Previous position monthly salary =$4,000 Previous position monthly salary =$4,000 Disability Allowance =$1,333 Disability Allowance =$1,333 New Position monthly salary =$2,000 New Position monthly salary =$2,000 LACERA pays =$1,333 * LACERA pays =$1,333 * * Cannot exceed Disability Allowance amount SUPPLEMENTAL RETIREMENT CALCULATION