265City Of Anaheim Administrative Regulation
CHAPTER 2 - EMPLOYMENT PROCEDURES
Subject: Determination of Disability A.R. 265
Related to Application For Disability Issue Date: Aug. 16, 1982
Retirement Benefits by Local Safety Members Revised:
Page (1) of (4)
Purpose:
The City Council in Resolution 82R-418 has authorized the City Manager to make
application for disability retirement on behalf of local safety members; to determine
disability of such employees as required by Sections 21020 and 21034; and to apply for
reinstatement of such employees who are retired for disability when appropriate.
Procedures:
Eligibility for Disability Retirement:
A local safety member shall be retired for disability only after the City has determined
that he or she is incapacitated physically or mentally for the performance of the duties of
his/her position. Incapacity for performance of duty means disability of permanent
duration rendering the employee unable to perform his or her usual duties as determined
on the basis of competent medical opinion.
Application for Disability Retirement:
Application for disability may be made by either: (1) the local safety member or any
person acting on his/her behalf or (2) the City Manager. The person making the
applications shall be defined as the "moving parry". The moving parry shall be required
to describe the disability and set forth the basis of the application for disability.
Hearing:
1. There shall be a hearing for each application for safety employee disability
retirement.
2. An Independent Hearing Officer appointed by the City Manager will conduct
such hearings.
3. Employees under consideration for disability retirement shall be given the
opportunity at such hearing to be hard in person or by counsel.
4. Risk Management is responsible for preparing the documentation of the City's
position on disability retirements.
City of Anaheim Administrative Regulation 265
Page (2) of (4)
5. The City shall bear the cost of the Hearing Officer and a Court Reporter. Each
parry shall bear the costs and fees of presenting their respective evidence or
testimony, including legal representation.
6. Any subpoenas shall be issued pursuant to City of Anaheim Charter, Section 509.
7. Either party may present whatever witnesses they deem necessary in the
presentation of their case. Either party may avail themselves of the subpoena
process to insure the attendance of any witness.
8. The scope of the hearing shall be limited to the basis and facts raised in the
petition for hearing, and the hearing shall be conducted by the Hearing Officer
who shall rule on the admission and exclusion of evidence. The Hearing Officer
shall make findings and recommendations to the City Manager regarding the
determination of disability. The Hearing Officer shall be authorized to order
further medical examinations and reports. Compliance with such an order of the
Hearing Officer shall be a condition precedent to obtaining a disability retirement.
9. The following evidentiary rules shall apply to the hearings:
A. Oral evidence shall be taken only under oath.
B. Each party shall have the right to call and examine witnesses, to introduce
exhibits, to cross-examine opposing witnesses on any matter relevant to
the issues even though that matter was not covered in the direct
examination, to impeach any witness regardless of which party called him
to testify, and to rebut evidence. If the employee does not testify in his
own behalf, he may be called and examined as if under cross-examination.
C. The hearing need not be conducted according to technical rules of
evidence and witnesses. Any relevant evidence shall be admitted if it is
the sort of evidence on which responsible persons are accustomed to rely
in the conduct of serious affairs, regardless of the existence of any
common law or statutory rule which might make improper the admission
of such evidence over objection in civil actions. The rules of privilege
shall be effective to the extent that they are otherwise required by statute
to be recognized at the hearing, and irrelevant and unduly repetitious
evidence shall be excluded.
City of Anaheim Administrative Regulation 265
Page (3) of (4)
10. The moving party shall have the burden of proof. The moving party shall be
required to demonstrate by a preponderance of the evidence that the employee
subject to disability retirement is substantially unable to perform the usual duties
of his or her position in order for a finding of disability to be sustained. The
employee shall not be found disabled on the basis of workers' compensation
disability ratings or on the basis of medical restrictions which preclude the
employee from performing activities that are not common occurrences. The
disability must be found to be presently in existence and not prospective in nature.
11. The Hearing Officer shall recommend a determination on all issues within a
reasonable length of time after submission of the matter and the closing of the
record. Such findings and recommendation shall be submitted to the City
Manager.
12. The City Manager, upon receipt of the recommendations of the Hearing Officer
may:
A. Accept the recommendations of the Hearing Officer and CERTIFY such
findings to PERS and the parties.
B. Reject the recommendation of the Hearing Officer and CERTIFY such
other determination as he determines to be appropriate to PERS and the
parties.
C. Order the application back to hearing for further evaluation.
13. There is no provision for appeal to any arm of City government, including the
City Council. Any aggrieved party may bring further proceedings in the Superior
Court.
Cancellation of Disability Retirement Allowance:
Under Government Code Section 21029 the City has the right to cancel the disability
retirement allowance of any person that is no longer incapacitated from duty in the
position held when the disability retirement was granted. Government Code Section
21028 gives the City the authority to require any recipient of a disability retirement
allowance under the minimum age for voluntary retirement to undergo a medical
examination(s). Failure to submit to an examination results in a discontinuance of the
pension. If refusal continues for more than one (1) year, the disability retirement may be
cancelled.
City of Anaheim Administrative Regulation 265
Page (4) of (4)
The same procedures as stated above will be followed for canceling a disability
retirement as for initially determining eligibility for retirement; i.e. medical
examination(s), notice, conference, hearing and final decision. However, in the case of a
cancellation of retirement benefits the initial burden of proof shall be on the City. The
City shall be required to demonstrate by a preponderance of the evidence that the
recipient of a disability retirement allowance is no longer incapacitated, mentally or
physically, for duty in the position held by him or her when retired.
Responsibility:
Attachments: None