Chapter 3 – Personnel, Training, and Employee Relations

31040.4.10 Disability Retirement

• It is the policy of the CDCRCalifornia Department of Corrections and Rehabilitation to comply with State of California disability retirement laws and to provide information regarding disability retirement benefits through the California Public Employees’ Retirement System (CalPERS) to an employee, upon request, or when the employee can no longer perform the essential functions of his or her position with or without a RA. Disability retirement, if approved, allows for a monthly pension and continuation of health benefits.

• Disability Retirement is a benefit for employees of the State of California as defined under the Government Code, Sections 21150-21176. The CalPERS determines an employee’s eligibility for a disability retirement. Eligibility is determined upon receipt of an application for disability retirement and medical evidence that a member is substantially incapacitated from his or her usual duties. If the employee is eligible, CalPERS provides a monthly retirement allowance payable to the employee for life, or until recovery from a disabling injury or illness allows a person to return to his or her previous employment.

• If the disability is the result of a job-related illness or injury, and the employee is a State safety, State peace officer/firefighter, or State industrial member, he or she may be entitled to an industrial disability retirement.

• Employees shall be informed that disability retirement and industrial disability retirement are considered temporary separations resulting in mandatory reinstatement rights to their classifications, should they recover from the disabling injury or illness and are able to perform the essential functions of their previously held positions or classifications. There is no minimum age requirement for disability or industrial disability retirement, and no minimum service requirement for an industrial disability retirement.

• If the HA, after considering the conclusions of medical reports from the employee’s health care provider(s) or the results of a Fitness for Duty Evaluation, concludes that the employee is unable to perform the work of his or her present position, or any other position in the CDCRCalifornia Department of Corrections and Rehabilitation, and the employee is eligible and does not waive the right to retire for disability, the HA shall file an application for disability retirement on the employee’s behalf. The HA shall give the employee 15 calendar days written notice of its intention to file such an application and a reasonable opportunity to respond to the appointing power prior to the appointing power’s filing of the application. (Government Code, Section 19253.5.) Upon filing the application for disability retirement, the HA may remove the employee from the job and place the employee on involuntary leave status. The employee may use any accrued leave during the period of the involuntary leave. If the employee’s leave credits and other entitlements are exhausted, or if they do not provide benefits at least equal to the estimated retirement allowance, the HA shall pay the employee an additional temporary disability allowance, so that the employee receives payment equal to the retirement allowance. CDCRCalifornia Department of Corrections and Rehabilitation shall continue to make all employer contributions to the employee’s health plans during the period of the involuntary leave. (Government Code, Section 19253.5.) CDCRCalifornia Department of Corrections and Rehabilitation shall submit an employer-generated disability retirement application on behalf of an employee if all of the following occur:

  • The employee is vested and entitled to retirement benefits through CalPERS and has not waived his or her right to those benefits;

  • The employee is unable to perform the essential function(s) of his or her position, or any other position within the CDCRCalifornia Department of Corrections and Rehabilitation statewide; and

  • There is no RA available in his or her current, or any other, position. (Refer to Section 31040.4.5.) All applications for disability retirement filed on behalf of an employee must be approved by the EHW, Associate Director, and are processed through the OEW, with the assistance of the assigned RTWCReturn To Work Coordinator and the HA.

• Upon receipt of a notification that an employee’s application for disability or industrial disability retirement has been denied, and the employee has not previously service retired, the HA and RTWCReturn To Work Coordinator must take immediate steps to determine if the employee will be returned to pay status. In consultation with the RTWCReturn To Work Coordinator, the HA shall immediately contact the employee, in writing, to inquire whether the employee wishes to return to work and arrange for a reporting date. The employee will remain off pay-status only if he or she advises of his or her intent to appeal CalPERS’ decision or provide a current off-work health care provider’s note, at which point the interactive process resumes. If the employee states an intent to return to work and the HA questions the employee’s ability to safely perform all essential functions of the job, the HA or RTWCReturn To Work Coordinator shall contact their OEW liaison/analyst immediately for guidance.

• If the HA has evidence, after an employee’s return to work from retirement, that an employee is unable to perform the essential function(s) of the employee’s position, with or without a RA, or if the employee’s continued employment adversely impacts CDCRCalifornia Department of Corrections and Rehabilitation operations, because the employee’s behavior creates an imminent risk for others in the workplace, the HA shall request a Fitness for Duty Evaluation, subject to OEW’s approval. (Refer to Section 31040.4.8.)