LACERA Investigators & RTW Coordinators How Your Efforts Help Us (and hopefully you too)

LACERA Investigators LACERA Investigators & RTW Coordinators & RTW Coordinators

How Your Efforts Help Us (and How Your Efforts Help Us (and hopefully you too)hopefully you too)

Presented by Presented by Richard Schlosser Richard Schlosser & Shari Altmark& Shari AltmarkDisability Retirement Disability Retirement Section SupervisorsSection Supervisors

Service Connected DisabilityEligible from 1st day of employment

Must be permanently disabledMust have a direct causational link to the

workplace

Non Service Connected DisabilityMust have at least 5 years of service (60 months)Must be permanently disabledNo 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 benefitLACERA’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 Contents Within Employee’sEmployee’s Disability Disability Retirement PacketRetirement Packet Disability Retirement brochureDisability Retirement brochure Disability Retirement Eligibility and Application Disability Retirement Eligibility and Application

InstructionsInstructions Application for Disability RetirementApplication for Disability Retirement Physician Statement for Disability RetirementPhysician Statement for Disability Retirement Claims Against Third Parties formClaims Against Third Parties form Authorization to Obtain and Release Records and Authorization to Obtain and Release Records and

Information, signed by applicantInformation, signed by applicant

Contents Within Contents Within Employer’sEmployer’s PacketPacket Disability Retirement brochureDisability Retirement brochure Disability Retirement Eligibility and Application Disability Retirement Eligibility and Application

Instructions (Department version)Instructions (Department version) Application for Disability RetirementApplication for Disability Retirement

Discovery and Obtaining of RecordsDiscovery and Obtaining of Records Following records obtained prior to interviewing the memberFollowing records obtained prior to interviewing the member

(where applicable):(where applicable): Medical/Psychiatric Records through TPA or Medical/Psychiatric Records through TPA or

privateprivate Personnel Records (cooperative effort with county Personnel Records (cooperative effort with county

departments)departments) Performance EvaluationsPerformance Evaluations Grievance Filing/Internal InvestigationsGrievance Filing/Internal Investigations

Workers’ Compensation FilesWorkers’ Compensation Files Benefit AwardsBenefit Awards Notice of Work RestrictionsNotice of Work Restrictions List of All Claims FiledList of All Claims Filed Electronic Access ListingElectronic Access Listing Third Party Administrator AssistanceThird Party Administrator Assistance CEO Office CommunicationCEO Office Communication

Member InterviewMember Interview Prepare a Disability Evaluation Summary Prepare a Disability Evaluation Summary

ReportReport The interview with employee is conducted to The interview with employee is conducted to

obtain information regarding the following:obtain information regarding the following: History of Injury/IllnessHistory of Injury/Illness Occupational History/Physical RequirementsOccupational History/Physical Requirements Light Duty/Accommodated AssignmentsLight Duty/Accommodated Assignments Current Symptoms/ComplaintsCurrent Symptoms/Complaints Retroactive RecommendationRetroactive Recommendation

Witness StatementsWitness Statements Investigator contact with supervisor and/or co-Investigator contact with supervisor and/or co-

workers:workers: Statements to verify the witnessing of Statements to verify the witnessing of

injury/illnessinjury/illness ““actual duties”actual duties” Physical requirementsPhysical requirements Frequency of movementsFrequency of movements Ability to perform dutiesAbility to perform duties

Return-to-work Coordinator statements Return-to-work Coordinator statements regarding accommodationregarding accommodation

Medical ExaminationMedical Examination Send Medical Records and Summary Report to Send Medical Records and Summary Report to

Panel Physician (Panel Physician Guidelines)Panel Physician (Panel Physician Guidelines) The mechanism of injuryThe mechanism of injury Show history and track treatment renderedShow history and track treatment rendered General medical historyGeneral medical history

Board PreparationBoard Preparation Notify the member/attorney in writing of exam Notify the member/attorney in writing of exam

datedate Notify the Member/Attorney in writing of Board Notify the Member/Attorney in writing of Board

datedate Member/Attorney may attend the closed session, Member/Attorney may attend the closed session,

but he/she may not address the Board regarding but he/she may not address the Board regarding the applicationthe application

Processing TimeframesProcessing Timeframes Minimum amount of time to process a Minimum amount of time to process a

disability application is disability application is 7 to 97 to 9 months months Assuming only one claim of disability involved;Assuming only one claim of disability involved; Extra time is needed for extensive Extra time is needed for extensive

investigation or delays in obtaining medical investigation or delays in obtaining medical evidence; orevidence; or

Additional medical specialties evaluations are Additional medical specialties evaluations are neededneeded

• 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

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 31725.5 and 31725.6/.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 31725.5

Applies to nonservice-connected disability retirements.

Section 31725.6/.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 31724.

2. 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 EARNINGSThe 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 =Previous position monthly salary = $4,000$4,000 Disability Allowance =Disability Allowance = $1,333$1,333 New Position monthly salary =New Position monthly salary = $3,000$3,000 LACERA pays =LACERA pays = $1,000$1,000

Example #2:Example #2: Previous position monthly salary =Previous position monthly salary = $4,000$4,000 Disability Allowance =Disability Allowance = $1,333$1,333 New Position monthly salary =New Position monthly salary = $2,000$2,000 LACERA pays =LACERA pays = $1,333 *$1,333 *

* Cannot exceed Disability Allowance amount* Cannot exceed Disability Allowance amount

SUPPLEMENTAL RETIREMENT CALCULATION

DISABILITY RETIREMENT SERVICES DIVISION TELEPHONE ROSTER

NAME INTERNAL EXT. OUTSIDE (626) E-MAIL

Debbie J uul, Manager 4462 564-2401 [email protected]

J ames Castranova, Sr. Staff Counsel 4382 564-2456 [email protected]

Penelope Rodriguez, Sr. Secretary 4403 685-4622 [email protected]

SUPPORT TEAM

Laura Gonzalez, Supervisor 2323 564-2323 [email protected]

Roena Bernard, Applications 2338 564-2419 [email protected]

Sandra Cortez, Medical Appointments 4618 685-4618 [email protected]

Hank Osmundson, Word Processing 3587 564-6000 ext. 3587

[email protected]

Melissa Norris, Word Processing 3498 564-6000 ext. 3498

[email protected]

Kathleen Medina, Appeals 4419 564-2339 [email protected]

Mary Ortiz, Appeals 2420 564-2420 [email protected]

Bonnie Weise, Appeals 3499 564-2499 [email protected]

TEAM SHARI (2)

Shari Altmark, Supervisor 4405 564-2405 [email protected]

Andrew Demetroulis, Investigator 3537 685-4621 [email protected]

Vickie Neely, Investigator 3528 685-4672 [email protected]

Anna Kwan, Investigator 3540 685-4627 [email protected]

Kerri Wilson, Investigator 3538 685-4624 [email protected]

Debbie Semnanian, Investigator 3218 564-2418 [email protected]

Maisha Coulter, Investigator 3539 685-4626 [email protected]

Maria Muro, Investigator 2454 564-2454 [email protected]

TEAM RICHARD (1)

Richard Schlosser, Supervisor 4489 564-2489 [email protected]

Darren Huey, Investigator 3506 685-4636 [email protected]

Debra Martin, Investigator 3217 564-2417 [email protected]

J im Alvarez, Investigator 4414 564-2414 [email protected]

Tamara Caldwell, Investigator 2415 564-2415 [email protected]

Nichelle Porter, Investigator 3541 564-2441 [email protected]

Mercie Martinez, Investigator 2403 564-2404 [email protected]

CONFERENCE ROOM 2429 Intercom 02

FAX 564-6177

Effective 1/1/09

LACERA Investigators & RTW Coordinators How Your Efforts Help Us (and hopefully you too)

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