(a) Application for Disability Retirement. Any Airport Peace Officer Member who has graduated from basic training and taken the Oath of Office, applying for a service-connected disability, or who has five (5) or more years of continuous service, applying for a nonservice-connected disability, who has become physically or mentally incapacitated and who is incapable, as a result thereof, of performing the Member’s duties, may be retired upon written application of such Member, or any person acting on the Member’s behalf, or on behalf of the head of the Department of Airports or Fire Department wherein such Member is employed. Any such application may be made at any time within, but not exceeding, one (1) year after the discontinuance of the service of such employee or the termination of any duly authorized sick leave with payment, provided such incapacity has been continuous from the discontinuance of such service. No application may be filed under this Section 4.1008.1 prior to January 7, 2018.
(b) Service-Connected Disability. Upon the filing of the Member’s written application for a disability retirement allowance or upon the filing of a written application by any person acting on the Member’s behalf or on behalf of the head of Department of Airports or Fire Department, any Airport Peace Officer Member whom the Board shall determine has become physically or mentally incapacitated by reason of injuries received or sickness caused by the discharge of the duties of such person as an employee sworn in, as provided by Penal Code Section 830.1, to perform police or firefighting duties for the Department of Airports or Fire Department, and who is incapable as a result thereof from performing the Member’s assigned duties, or those to which the Member would be assigned within the Member’s civil service classification if returned to duty, shall be retired by order of the Board from further active duty as an Department of Airports or Fire Department Member.
An Airport Peace Officer Member’s incapacity is caused by the discharge of the Member’s duties if there is clear and convincing evidence that the discharge of the Member’s duties is the predominant cause of the incapacity.
An Airport Peace Officer Member retired under the provisions of this subsection shall be paid thereafter a monthly service-connected disability retirement allowance in an amount which shall be equal to the same percentage of the Member’s Final Compensation as the Board shall determine, from time to time, to be the percentage of the Member’s disability. Such retirement allowance shall be in an amount of not less than 30% and not more than 90% of the Retired Airport Peace Officer Member’s Final Compensation, but in no case shall the retirement allowance be less than the equivalent of 2% of Final Compensation for each year of Service of the Retired Airport Peace Officer Member.
(c) Nonservice-Connected Disability. Upon the filing of a written application for a disability retirement allowance by any Airport Peace Officer Member who shall have five (5) or more years of continuous service, or upon the filing of a written application by any person acting on the member’s behalf, or on behalf of the head of the Department of Airports or Fire Department, for any Airport Peace Officer Member whom the Board shall determine has become physically or mentally incapacitated by reason of injuries or sickness other than injuries received or sickness caused by the discharge of the duties of such person, and who is incapable as a result thereof from performing the Member’s assigned duties or those to which the Member would be assigned within the Member’s civil service classification if returned to duty, shall be retired by order of the Board from further active duty as Department of Airports or Fire Department employee. As a further condition of entitlement to such a retirement, the Board shall also determine that such disability was not principally due to or caused by voluntary action of the Member intended to entitle the Member to a nonservice-connected disability retirement.
An Airport Peace Officer Member retired under the provisions of this subsection shall be paid thereafter a monthly nonservice-connected disability retirement allowance in an amount which shall be equal to the same percentage of the Retired Airport Peace Officer Member’s Final Compensation as the Board shall determine, from time to time, to be the percentage of the Member’s disability, but such retirement allowance shall be in an amount of not less than 30% and not more than 50% of the Retired Airport Peace Officer Member’s Final Compensation.
(d) Determination of Disability. The Board shall have the power to hear and determine all matters pertaining to the granting and denying of any application for a disability retirement. The Board shall cause each member who applies to be examined by, and a written report thereon rendered by, at least three regularly licensed, practicing physicians selected by the Board, unless the member is terminally ill, in which case the Board shall only require the member to be examined by one such physician selected by the Board. The Board shall hold a hearing with respect to such application. The Board shall hear or receive such other evidence relating to or concerning the member’s disability or claimed disability as may be presented to it.
The Board first shall determine whether or not the Member is incapable of performing the Member’s duties or those to which the Member would be assigned within the Member’s civil service classification if returned to duty. If the Board were to determine that the Member is not so incapable, it shall then be the duty of the Board to deny the application. If the Board were to determine that the Member is so incapable, it then shall determine, pursuant to the language used in Subsections (b) and (c) of this section, whether the Member’s incapacity or disability is service- connected or nonservice-connected. The Board shall then determine the percentage of the Member’s incapacity or disability, within the limitations prescribed in Subsections (b) and (c) of this section, and shall grant the application accordingly. If the Board were to determine that the incapacity or disability was principally due to or caused by voluntary action by the Member intended to entitle the Member to a nonservice-connected disability retirement allowance, or due to intemperance or the willful misconduct of such Member, it shall then be the duty of the Board to deny the application. In the case of any Airport Peace Officer Former Member, the Board, in order to grant any application filed by the Member for a disability retirement, must also determine, in addition to all of the foregoing, that any existing incapacity or disability upon the Member’s part occurred prior to the termination of the Member’s active status, and that such incapacity or disability had been continuous up to the date of the Board’s determinations.
The Board upon its own motion or upon the written request of any Retired Airport Peace Officer Member, retired pursuant to Subsections (b) or (c) of this section, shall have the power to consider new evidence pertaining to the case of any such Retired Member and to increase or decrease the percentage of the Retired Member’s incapacity or disability within the limitations prescribed in Subsections (b) or (c) of this section. Any such increase or decrease shall be based only upon the injuries or sickness for which the Retired Member was retired.
The Board shall adopt a disability rating schedule by rule to assist in standardizing disability retirement awards.
(e) Death of Applicant Prior to Board Action. If an Airport Peace Officer Member dies while the Member was waiting for the application to be processed, the death and survivorship benefits payable to the Member’s survivor(s) shall be determined under Section 4.1010.1 herein.
(f) Termination of Disability Retirements. The Board shall have the power to hear and determine upon its own motion all matters pertaining to the termination or reduction of any disability retirement pursuant to the provisions of this subsection.
(1) Retirements Granted to Persons Whose Active Status Terminated By Reason of Retirement. The retirement of any Retired Airport Peace Officer Member, retired pursuant to Subsections (b) or (c) of this section and whose active status as an employee sworn in, as provided by Penal Code Section 830.1, to perform police or firefighting duties for the Department of Airports or Fire Department, had been terminated by reason of the Member’s retirement, shall cease when the incapacity or disability for which the Member had been retired shall cease and the Member either:
(A) shall have been restored to active duty as an employee sworn in, as provided by Penal Code Section 830.1, to perform police or firefighting duties for the Department of Airports or Fire Department, in the same permanent rank which the Member had held as of the date of retirement; or
(B) shall have been ordered restored to active duty as an employee sworn in, as provided by Penal Code Section 830.1, to perform police or firefighting duties for the Department of Airports or Fire Department, in such same permanent rank and shall have declined, refused or neglected to report therefor or to perform duties as such.
Provided, however, that any Retired Airport Peace Officer Member who has been retired for more than five (5) years from the date of the Board’s action by which the Member was retired may never be restored to active duty as an Department of Airports or Fire Department Member. After a Retired Airport Peace Officer Member, who has been retired for more than five years on a service-connected or nonservice-connected disability retirement, has been found to be no longer disabled, the Board shall adjust such Retired Airport Peace Officer Member’s retirement allowance to 30% of the Member’s Final Compensation. The adjusted allowance shall reflect such cost of living adjustments as would have occurred had the Retired Airport Peace Officer Member’s retirement allowance originally been based on such adjusted percentage.
(2) Return to Active Duty from Disability Retirement. An Airport Peace Officer who is restored to active duty shall begin to earn time toward a service retirement (for the period the Officer was receiving a service-connected disability retirement) after one year back on active duty, provided no time is lost due to the disabling condition. If the Officer completes one (1) to three (3) years of service, the Officer shall receive credit for the time retired on a service-connected disability, to the extent the length of service following restoration matches the length of time on a service-connected disability retirement. After three (3) years of completed service after returning to duty, the Airport Peace Officer shall receive credit for the entire period the Airport Peace Officer was on a service-connected disability retirement.
An Airport Peace Officer who is restored to active duty from a nonservice-connected disability retirement may, after completing one (1) year of service, make contributions to restore the Officer’s service credit for the period the Officer received a disability retirement allowance, subject to requirements provided by Board rule.
(3) Retirements Granted to Airport Peace Officer Former Members. The retirement of any Retired Airport Peace Officer Member, retired pursuant to subsections (b) or (c) of this section, whose active status as an employee sworn in, as provided by Penal Code Section 830.1, to perform police or firefighting duties for the Department of Airports or Fire Department, had been terminated by reason of the Member’s resignation or discharge as such, shall cease when the incapacity or disability for which the Member received a disability retirement shall cease.
(g) Periodic Medical Examinations. Except in those instances in which the Board has determined that, due to the nature of the disability, no purpose would be served in having periodic medical examinations to determine whether or not a Retired Airport Peace Officer Member is still disabled, all Retired Airport Peace Officer Members on a disability retirement shall undergo medical examinations at periodic intervals for the first five (5) years of disability retirement, and at any time thereafter, as determined by the Board.
Any Retired Airport Peace Officer Member who has been retired for more than five (5) years on a service- connected or nonservice-connected disability retirement and has been found to be no longer disabled, or who has failed to submit to such medical examination as the Board may order within such reasonable time as the Board may determine, shall have the Member’s allowance adjusted by the Board to thirty percent (30%) of the Member’s Final Compensation. The adjusted allowance shall reflect such cost of living adjustments as would have occurred had the Retired Airport Peace Officer Member’s pension originally been based on such adjusted percentage.
If a Retired Airport Peace Officer Member resides outside of the State of California, the Board shall have the authority to order medical examinations of Retired Members at any place it may determine to be desirable and shall, if it is determined that it would impose hardship on the person to be examined to travel to such place, have the authority to defray the reasonable cost of any such travel required. The definition of hardship and the documentation required to verify hardship shall be established by the Board.
(h) Assessing Cost for Missed Medical Appointments. The Board shall have the authority to provide, by rule, for assessing the cost of medical appointments missed by disability retirement applicants, or by Retired Airport Peace Officer Members receiving a disability retirement allowance, where such missed appointments were not caused by factors beyond the control of the Airport Peace Officer Member or Retired Airport Peace Officer Member.
(i) Re-application After Denial of Disability Retirement. The Board shall establish reasonable rules governing the re-application by an Airport Peace Officer Member for a disability retirement where an application has been denied and a new application has been filed subsequently for the same or similar medical reasons as those which were the basis of a previously denied application. An Airport Peace Officer Former Member, whose status as an employee sworn in, as provided by Penal Code Section 830.1, to perform police or firefighting duties for the Department of Airports or Fire Department, had been terminated by reason of the Member’s resignation or discharge prior to the date that the Board determined to deny the original application, shall have no right to file a new application because the earlier denial, once final, established as a matter of law that the Member did not qualify for disability retirement at the time of the Board’s determination.
(j) Consensual Re-Employment in a Different Position. Any person heretofore or hereafter retired for disability by the Board, even though incapable of performing the duties of the position from which the person has been or shall be retired, may be re-employed in a different vacant position if the Board of Civil Service Commissioners were to find that the person is capable of performing the duties of such position; provided, however, that such person may be so re-employed only with the consent of the appointing authority for such position and the written consent of such person. The Board of Civil Service Commissioners shall adopt rules and regulations to effectuate the purpose of the foregoing provisions. Upon the re-employment of such person, the person’s disability retirement allowance shall cease, and, should the person be eligible for membership in the Retirement System, the person shall again become a member of the Retirement System. Re-employment must occur within five (5) years of being granted a disability retirement.
(k) Rights and Obligations upon Re-Employment. Any Airport Peace Officer Retired Member who re-enters the service of the City, as provided in Subsections (f) or (j) of this section, and again becomes a member of the Retirement System, shall return to membership as an Airport Peace Officer Member of Tier 1. The balance, if any, of the Member’ accumulated contributions, after deducting the annuity payments made to the Member on account of a disability retirement allowance, shall be credited to the individual account of such member with the Retirement System, regardless of whether the Member becomes a member of the Retirement System or of another City retirement system upon re-employment.
The Member shall receive service credit for City Service prior to the date of their retirement in the same manner as though the Member had never been retired for disability. The payment of a disability retirement allowance shall not constitute compensation from the City entitling the Member to service for the period it was paid, except as provided in Section 4.1008.1(f)(2).
(l) Exclusion for Willful Conduct. In making its determinations and findings relative to Subsections (a), (b) and (c) of this section, the Board shall consider whether and to what extent the activity giving rise to the disability of an Airport Peace Officer Member was caused or aggravated by such member’s willful misconduct. If the Board finds that the disability was caused or aggravated by such willful misconduct, the Board shall deny the Airport Peace Officer Member’s application for a disability retirement.
(m) Board Authority. The Board shall have the power to hear and determine all matters pertaining to the granting or termination of any retirement allowance provided for in this section. The determination of the Board shall be final and conclusive.
(n) Loan Program for Airport Peace Officer Member Disability Applicants. The Board shall, by rule, establish a loan program for Airport Peace Officer Members who have applied for disability retirement or upon whose behalf an application has been made in accordance with the provisions of this Chapter, provided that the loan program shall be in compliance with the provisions of Internal Revenue Code Section 72(p) and any other applicable provisions of the Internal Revenue Code. The loan program shall further provide that in no event shall the amount of funds loaned to any member exceed the amount of contributions and interest in the member’s LACERS account, and that, once a Board determination is made granting or denying a member’s disability application, no further funds shall be lent to the member in connection with that application. Loan repayments will be suspended under this program as permitted under Section 414(u)(4) of the Internal Revenue Code.
(o) Right to Make Back Contributions When Disability Application Denied. Any member who has, at any time, filed an application for the benefit of a disability retirement, which application was thereafter denied by the Board of Administration upon a finding by said Board that the applicant had not become physically or mentally incapacitated so as to be incapable of performing the applicant’s duties, shall have the right to designate up to six (6) months of the period while such application was pending for purposes of acquiring credit towards City Service as defined in Section 4.1001, subject to the following conditions:
(1) The designated period does not already entitle the member to service credit.
(2) The maximum period to be designated is six (6) months or the actual period of time while the application for disability retirement was pending, whichever was less.
(3) If a member has applied more than once for disability retirement, the cumulative total period to be designated may not exceed six (6) months or the time elapsed while applications were processed, whichever is less.
(4) The right granted herein shall be exercised in writing, filed with the Board, designating the period of City Service for which the member desires to receive retirement credit, and must be accompanied by a single payment of back contributions or by an irrevocable agreement to pay such back contributions in installments. The back contributions to be paid shall be in an amount equal to all of the contributions which the member would have made to the Fund had the member been making contributions during such period, based upon such member’s compensation earnable before the discontinuance of the member’s service, together with all regular interest which, had the member so made the same, would have been credited thereon prior to the date of such payment; provided, however, that in the case of such installment payments thereof, the same shall be made pursuant to rules which shall be adopted by the Board establishing minimum amounts to be paid and the period of time therefor, and providing the rate of interest which shall also be paid upon the unpaid balance of the same. Every member who makes up back contributions as provided herein shall be allowed credit for the period of City Service designated in the declaration filed by the member with the Board; provided, however, that should the member, for any reason, cease to be a member before making up the full amount thereof, the member shall be allowed retirement credit, counter- calendarwise, for the same portion of such designated period as the amount made up by the member is of such full amount, and provided further that, should the member cease to be a member by reason of the member’s death, retirement credit shall be allowed for the whole period designated by the member if the member’s surviving spouse or domestic partner were to exercise the option which, under such circumstances, hereby is given to any surviving spouse or domestic partner to make a single payment of all of the unpaid installments with accrued interest thereon.
(p) Disability Retirements for Airport Peace Officer Former Members. Any Airport Peace Officer Former Member, who became such because of termination of their employment for any reason including service retirement, who shall believe that the Member is eligible to be paid a disability retirement allowance pursuant to this Section 4.1008.1, may file the Member’s written application for the payment of a disability retirement allowance within one (1) year from the date the Member ceased to be an Airport Peace Officer Member, or one (1) year from the Member’s last day on active payroll. The Board, if it were to determine that the contingencies provided in this Section for the payment thereof had happened or occurred as to the Airport Peace Officer Former Member prior to the date upon which the Member had ceased to be a Member, and if there is no legal bar or defense to the granting to the Member of such retirement or to any judicial action or proceeding which could be brought by the Member with respect thereto, shall grant the Member the retirement allowance in accordance with the Member’s written application.
SECTION HISTORY
Added by Ord. No. 184,853, Eff. 4-6-17.