Human Resources Academy II for Community College Districts

1990. Since Entezampour fulfilled these requirements, he was entitled to be reassigned.

Wong v. Ohlone College (2006) 137 Cal.App.4th 1379 In January and February of 2003, Ohlone College (“College”) decided to lay off certain administrative employees due to budgetary constraints. One of these employees was Steven Wong, who was then Dean of the Business and Technology Division. Additionally, the College determined that it would not fill two full-time faculty positions in the same division that were being vacated by employees who were retiring. The College administrators stopped the recruitment process for the full-time faculty positions. In March 2003, Wong was told that he would not be reemployed as Dean for the 2003–2004 school year. Wong requested appointment as a first-year probationary faculty member for the next semester under section 87458. The College denied the request because there was no available position. The trial court found that Wong's right to appointment was not absolute under section 87458, but required that there be a position available to which the College could appoint him. The Court of Appeal agreed and found that in determining whether to grant or deny a request for appointment under section 87458, the governing board must necessarily take into consideration, among other things, the availability of a funded position to which the terminated administrator can be appointed. The College had discretion to address its budget constraints and thus was not required to fund the full-time position for Wong.

D ISABILITY A LLOWANCE AND D ISABILITY R ETIREMENT

Section 10

A. O VERVIEW An employee who is a member of STRS defined benefit program is afforded disability protection under one of two disability programs: (1) The Disability Allowance Program (referred to by STRS as “Option A” and codified at Education Code section 24001 et seq. ) or (2) The Disability Retirement Program (referred to by STRS as “Option B” and codified at Education Code section 24100 et seq. ) Whether an employee has coverage under Option A or Option B is dependent upon when the employee became a member of STRS. If the employee became a member before October 15, 1992, the employee was given the irrevocable election to choose between the two options. 97 If the employee chose Option A, the employee is eligible to apply for and receive a disability allowance. If the employee did not choose Option A, or was employed after October 15, 1992, then the employee is only eligible for a disability retirement (Option B).

Human Resources Academy II for Community College Districts ©2019 (c) Liebert Cassidy Whitmore 52