Human Resources Academy II for Community College Districts

4. T ERMINATION OF D ISABILITY R ETIREMENT B ENEFIT

The Education Code provides several circumstances where disability retirement may be terminated. An individual’s disability retirement will be terminated where:

 An individual willfully fails to initiate and continue participation in his or her primary-physician-prescribed treatment program without good cause, as determined by the board (Education Code section 24110);  An individual, without good cause, willfully fails to initiate and continue participation in a rehabilitation program approved by the board (Education Code section 24111); and  A medical examination, together with other available information, shows to the satisfaction of the board that the member is no longer disabled (Education Code section 24112).

In addition, an individual may terminate his or her own disability retirement allowance upon written request to the system. (Ed. Code § 24117.)

Upon termination of a disability retirement allowance, the individual’s account is credited with the amount of the individual’s accumulated retirement contributions as they were on the effective date of disability retirement minus the sum of all payments made. Additionally, the accumulated annuity deposit contribution account of the member shall be credited with the amounts of those contributions as they were on the date the annuity became payable minus the sum of all payments made. (Ed. Code § 24118.)

F. D ISTRICT O BLIGATIONS

The Education Code is silent regarding an employer’s obligation to apply for disability allowance or disability retirement on behalf of an employee. Although Education Code sections 24002 and 24102 provide, respectively, that under certain conditions the board may authorize payment of a disability allowance or disability retirement to any member who is qualified upon application under this part by the member, the member’s guardian or conservator, or the member’s employer, districts are under no obligation to apply for a disability allowance or disability retirement on behalf of an eligible employee. In contrast, the California Public Employees’ Retirement System (“PERS”), applicable to classified employees, obligates an employer to submit applications for disability retirement on behalf of disabled employees. 123 Moreover, under California Government Code section 21153, an employer may not separate a disabled member otherwise eligible to retire for disability, but must apply for disability retirement of any member believed to be disabled, unless the member waives the right to retire for disability and elects to withdraw contributions, or to permit contributions to remain in the fund with rights to service retirement. The Education Code does not contain similar language. 124

Human Resources Academy II for Community College Districts ©2019 (c) Liebert Cassidy Whitmore 57