Berkeley Municipal Code Art. 7 Disability Benefits

In the event of total disability prior to July 22, 1988, a participant who was an employee on the date of the event causing the disability shall receive a benefit determined under the provisions of the plan in effect on July 21, 1988. (Ord. 6747-NS § 1, 2003)

In the event of total disability after July 21, 1988, a participant who was an employee on the date of the event causing the disability shall receive from this plan a monthly benefit equal to 60% of the highest average annual compensation prior to determination of total disability as defined in the contract between the employer and PERS covering miscellaneous employees including shift differential and out-of-class pay but excluding overtime, less any disability benefits payable to such participant under the Social Security Act, the California State Disability Insurance Program, and any Worker’s Compensation Plan maintained by the employer. Such benefit shall be payable monthly until the end of the month in which the participant dies or recovers, if earlier. (Ord. 6747-NS § 1, 2003)

The condition of mental or physical infirmity, which constitutes total disability under PERS, without regard to any term of employment with the employer. Any claim for disability benefits must be filed with the employer within one year of the last day worked.

A disabled participant must make themselves available for reappraisal of total disability not less than once each 12 months, as shall be required, at times and places scheduled by the committee. Failure to keep the committee advised of their whereabouts and availability, and failure of cooperation for purposes of verification of continuance of incapacity, shall cause a cessation of further payments as of a date to be fixed by the committee.

The committee’s determination whether and for what period the member is totally incapacitated shall be conclusive in each case. (Ord. 6747-NS § 1, 2003)

If the disabled participant recovers the committee shall immediately direct the discontinuance of payment of benefits to them.

The committee’s determination of whether the participant has recovered shall be based on competent medical opinion, certified by a physician chosen by the employer or employer’s designee, or by a statement from PERS that the participant has recovered, and shall be conclusive. (Ord. 6747-NS § 1, 2003)

Benefits shall be funded through a portion of employer contributions under Section 4.36.301. Such contributions shall be used to purchase disability insurance from an insurance company, or may remain in the trust to provide benefits directly to participants or may be used to fund benefits through a combination of disability insurance and trust assets. If assets remain in the trust, they shall be accounted for separately from the account balances of participants. (Ord. 6747-NS § 1, 2003)