Sacramento Municipal Code Art. XIII Retirement System Manager

The retirement system manager appointed by the city manager pursuant to Charter Section 391 shall perform those duties and exercise those powers prescribed for said position in the manner required by the City Charter and the provisions of this chapter. (Prior code § 34.13.1300)

The retirement system manager shall receive and file applications or requests for benefits or refunds which shall be on a form provided by the manager. An application or request may be filed by the member or by any person authorized by the Charter to make such request. The application or request shall be in the form of a declaration under penalty of perjury and shall contain, among other things, the following:

A. Service Retirement Benefits. The name of the applicant, his or her current mailing address, the number of years of service rendered to the city by the member, the department in which the member is employed, the title of the position held, and other data relative to his or her age, date of marriage, beneficiaries and dependents, and a statement that the member has reached the age of retirement as required by the retirement plan of the system under which he or she is a member which entitles the member to a service retirement. The application shall state the date upon which the service retirement is to be effective, which date shall not be sooner than the fifteenth day following the date of the application, unless an earlier effective date is authorized by the retirement system manager prior to the filing of the application; provided, however, that the effective date of a service retirement allowance shall in no event be sooner than the day following the date upon which the member is last an employee of the city.

B. Ordinary Disability Retirement or Industrial Death Benefits. All of the data provided for in subsection A of this section and in addition thereto, the applicant shall describe with reasonable specificity the disability and the reasons why such disability prevents the member from performing the duties of his or her office of position with the city for an extended and uncertain duration.

C. Industrial Disability Retirement or Industrial Death Benefits. All of the data provided for in subsections A and B of this section and in addition thereto a statement containing the date of the alleged injury, illness, or death, where and when it occurred, and a description of the circumstances surrounding its occurrence, and a description with reasonable specificity of the disability or nature of death resulting from said injury or illness. If a disability, the application shall contain the reasons why such disability prevents the member from performing the duties of his or her office or position with the city for an extended and uncertain duration. If the application is for industrial death benefits, the application shall include the member's death certificate and names and addresses of his or her alleged beneficiaries.

D. Ordinary Death Benefits. All of the data provided for in subsection A of this section and in addition thereto a certified copy of the member's death certificate and the names and addresses of his or her alleged beneficiaries.

E. Additional Data for Disability Retirements. The applicant shall attach to his or her application or request for an ordinary or industrial disability retirement copies of all written medical reports or medical data relating to the claim of disability which are available to the applicant or his or her attorney at the time of the filing of the application.

F. Applications Filed Prior to January 1, 1977. All applications for benefits filed prior to January 1, 1977, which were not acted upon by the retirement board, as it existed prior to January 1, 1977, shall be deemed to have been filed with the retirement system manager.

G. Amended Application. At any time prior to the decision of the retirement system manager on the application, the applicant may amend the application or may supplement it with additional information or data, including medical reports or supportive medical data. To the extent that any amendment supercedes the original application in whole or in part, the amended application shall be the only application considered for any purpose by the retirement system manager, hearing officer or retirement hearing commission. An amendment or supplement shall be verified under penalty of perjury if such verification is requested by the retirement system manager. (Prior code § 34.13.1301)

A. If the retirement system manager reasonably believes that the application filed pursuant to Section 2.124.1990 of this chapter is in any material respects incomplete or does not contain sufficient information to enable the manager to act upon the application, the manager shall neither approve nor disapprove the application but shall instead, not later than forty-five (45) days following receipt of the application, return it to the applicant specifying wherein it is incomplete or does not contain adequate information. The manager shall request that the application be resubmitted after being corrected by the applicant to include the missing or additional information. If the applicant should fail or refuse to resubmit the corrected application within ninety (90) days of the date when it is returned by the manager, the application shall be deemed to be withdrawn. If the applicant maintains that the application is complete and should not be deemed to be withdrawn, the applicant may appeal the manager's determination to the contrary pursuant to Article XIV of this chapter. Such an appeal shall be limited to the issue of the completeness of the application, and the ultimate issue of the applicant's or member's right to any retirement benefit shall not be considered. All information submitted shall be in writing and shall be maintained by the retirement system manager in his or her records.

B. If requested to do so by the retirement system manager, any member who has filed or on whose behalf an application for disability retirement has been filed shall forthwith provide the manager with a list of the names and addresses of all medical doctors, physicians, surgeons, chiropractors, osteopaths or other specified medical personnel which said member has consulted, or by whom such member has been seen, treated or diagnosed, and the names and addresses of all hospitals in which the member has been hospitalized. Upon request of the retirement system manager, said member shall also provide written authorization in a form provided by the manager for the release of all such hospital records and all medical records, including, but not limited to, medical reports, laboratory tests, x-rays, and doctor's notes and all hospital records, in the possession or under the control of the medical doctors, physicians, surgeons, chiropractors, osteopaths or other specified medical personnel referred to above. No application shall be complete if the information and releases referred to in this subsection have been requested by the manager, but not supplied by the member. (Prior code § 34.13.1302)

If ordered to do so by the retirement system manager, any person on whose behalf an application for disability retirement has been filed shall present himself or herself for examinations and be examined by one or more physicians appointed by the retirement system manager to make such examination for the purpose of determining the nature and extent of the alleged disability, injury or illness. All reports and recommendations received from physicians shall be in writing and shall be received and considered by the retirement system manager in acting upon the application for disability retirement. Upon receipt, the manager shall forthwith furnish copies of such reports to the applicant or the member. If the member should refuse or fail to appear for a medical examination, the application for disability retirement shall be deemed withdrawn, unless the application was filed by any person other than the member or unless it is determined that just cause exists for said failure or refusal.

In the event that the place of medical examination is outside of the county, the person appearing for said examination shall be reimbursed by the city for his or her reasonable expenses from his or her home to and from the place of examination. The rate of reimbursement shall be determined by the retirement system manager in accordance with rates of reimbursement provided for employees of the city traveling on official city business. If the medical examination is scheduled at a place outside of the county at the request of and for the convenience of the member being examined, the member shall not be entitled to travel reimbursement. (Prior code § 34.13.1303)

The application or request for disability retirement for members of the system under the provisions of former (1970) Charter Sections 175.1 and 175.13 shall be made as provided in Sections 2.124.300 and 2.124.420 of this chapter, respectively.

The application or request for disability retirement for members of the system under the provisions of Articles V or VI of this chapter shall be made (a) while the member is an employee of the city, or (b) within one hundred twenty (120) calendar days from the date upon which the member ceases to be an employee of the city, or (c) while the member is incapacitated for performance of his or her duties from the last day he or she is an employee of the city to the time of such application or request and the member is not receiving any retirement allowance under this system. No application or request for disability retirement as the result of an injury received in or illness caused by the performance of duty shall be received or considered by the retirement system manager, where the alleged injury or illness occurred more than four years prior to the filing of the application or request, and the member after the injury or his or her first illness resulting therefrom has rendered continuous service in his or her regular employment to the city during the intervening period.

For purposes of this section, the date of occurrence of injury or illness is the date upon which the member first suffered disability therefrom and either knew, or in the exercise of reasonable diligence should have known, that such disability was caused by the performance of his or her duties and is of an extended and uncertain duration. (Prior code § 34.13.1304)

Notwithstanding the provisions of Section 2.124.2020 of this chapter, in the event the retirement system manager disapproves an application for disability retirement of a member under Articles II, III, IV, V and VI of this chapter, the manager shall, within two years of the date of his or her disapproval of the original application for disability retirement, permit the refiling of the application if it is reasonably shown that there exists new evidence not reasonably available at the time of the disapproval of the original application, which would materially affect the decision of the retirement system manager. Any reconsideration of the application shall be conducted in the same manner as the original application. (Prior code § 34.13.1304A)

If a member under Articles II, III, IV, V or VI of this chapter does not claim the disability, or if such claim is made but only an ordinary disability is granted, the manager shall, if an application is refiled within two years from the date of the original application, grant a reconsideration of the application if it is reasonably shown that there exists new evidence, not reasonably available at the time of the original decision on the application, which would materially affect that decision. Any reconsideration of the application shall be conducted in the same manner as the original application. (Prior code § 34.13.1304B)

An application for deferred disability retirement of a member of the system shall be made at any time after the member becomes so disabled, but the first date of payments shall not be earlier than the date of application for such benefits. (Prior code § 34.13.1304C)

Upon request, any member on whose behalf an application is filed, the applicant or the city manager or his or her designee, shall be afforded the opportunity to appear before the retirement system manager to present such additional information not included in the application which may be relevant to the matter under consideration. The retirement system manager may require the applicant or any other witness to respond to questions under oath. The retirement system manager shall give ten (10) day's written notice to all parties of the time and place for such presentation and shall maintain a record of the additional information so presented. (Prior code § 34.13.1305)

The retirement system manager shall keep copies of all medical reports, records, or other documents upon which he or she relies in approving or disapproving an application for benefits, and copies of all records, reports and other documents obtained pursuant to Section 2.124.2000(B) of this chapter. The records so maintained by the retirement system manager shall be available for inspection by the applicant at reasonable times, and the applicant shall be provided copies of such records upon request and payment of normal city copying charges. (Prior code § 34.13.1305A)

The retirement system manager shall review and consider the application and additional information presented, if any, and shall thereafter decide the matter by approving or disapproving the application for service retirement benefits or death benefits not later than fifteen (15) calendar days following receipt by the manager of an application for such benefits as submitted, resubmitted, or amended or fifteen (15) calendar days following receipt of the additional information, whichever last occurs. The manager shall give written notice of the approval or disapproval to the applicant by registered mail. If the application is disapproved, the notice shall state with reasonable specificity the grounds for the disapproval and shall inform the member of his or her right to appeal and the time limits within which the appeal must be filed. (Prior code § 34.13.1306)

The effective date of the service retirement benefits shall be as provided in Section 2.124.1990(A) of this chapter. The effective date of a death benefit payable as a periodic allowance shall be the date of death of the deceased member on whose behalf the payment is made. (Prior code § 34.13.1306A)

The retirement system manager shall review and consider the application, medical reports, and any additional information presented, if any, and shall approve or disapprove an application for disability retirement benefits as soon as reasonable but not later than ninety (90) days following receipt of the application as submitted, resubmitted, or amended. If the application is filed for an industrial disability retirement and the retirement system manager determines that the member is not entitled to an industrial disability retirement but is instead entitled to an ordinary disability retirement, the manager shall grant the retirement of the member for ordinary disability. The manager shall give written notice of the approval or disapproval to the applicant by registered mail. If the application is disapproved in whole or in part, the notice shall state with reasonable specificity the grounds for disapproval and shall inform the member of his or her right to appeal and the time limits within which the appeal must be filed. (Prior code § 34.13.1307)

The retirement of a member for ordinary or industrial disability shall be effective on the date when the application for his or her retirement is approved by the retirement system manager or the commission, but in the event that the member is not receiving regular compensation on the day preceding the date when the application is approved, the effective date shall be the date upon which the application was filed with the retirement system manager or on the date for which he or she is last paid regular compensation by the city, whichever date last occurs.

As used in this section, the term "regular compensation" means salary paid for performance of duty, sick leave pay which the member receives in periodic payments, salary paid while the member is on regular vacation, and salary paid while the member is on leave of absence pursuant to former (1976) Charter Section 167. The term shall not include lump sum payments made for unused vacation, sick leave or the like. (Prior code § 34.13.1308)

In the event that a member applies for an industrial disability retirement, the retirement system manager denies the application for industrial disability retirement benefits but grants an ordinary disability retirement and the member appeals the decision of the retirement system manager (denying the industrial disability benefits) to the retirement hearing commission, the retirement system manager shall pay ordinary disability benefits to the member pending the determination of the appeal. In such event and if the retirement hearing commission determines that the member is entitled to an industrial disability retirement, the disability retirement benefits shall be retroactive to the effective date of the ordinary disability benefits, with credit given to the retirement system for the amount of ordinary disability benefits already paid to the member. (Prior code § 34.13.1309)

The retirement system manager may, upon thirty (30) days notice, require any member who has been retired for disability under the provisions of the retirement plans provided for in Articles II, III, IV, V and VI of this chapter and who has not attained the age of voluntary service retirement specified by those plans, to undergo medical examinations, provided that no such member shall be required to undergo more than two comprehensive medical examinations in any calendar year. Each comprehensive examination shall be made by one or more physicians or surgeons appointed by the retirement system manager and shall be performed within a reasonable distance of the member's home. The examination shall be performed on a single day or successive days if consistent with good medical practice. The cost of such examinations shall be borne by the city. The member or the city manager shall be afforded the opportunity, upon written notice to all parties, to appear before the retirement system manager to present such legally admissible evidence, not included in the reports of medical examinations which may be relevant to the question of disability. Upon request, and payment of normal city copying charges, the manager shall provide the member with copies of all such medical reports and evidence. Upon the basis of such examination and legally admissible evidence, if any, the manager shall determine whether the member is still physically or mentally incapacitated for service in the position held by him or her when retired for disability. (Prior code § 34.13.1310)

If the retirement system manager finds, after considering medical advice, that a member retired on a disability retirement is not physically or mentally incapacitated for service in the office or department of the city where he or she was employed and in the position held by him or her when retired for disability, he or she shall be eligible for reemployment in the city service and his or her retirement allowance shall be cancelled forthwith upon reemployment in his or her former position or its present equivalent. If a retired member eligible for reemployment fails or refuses to reenter city employment within thirty (30) days of the date when reemployment is made available to him or her, his or her retirement allowance shall be permanently cancelled, provided that the filing of an appeal from the manager's determination prior to its effective date shall stay the cancellation of benefits until the resolution of the appeal, but in no event longer than one hundred eighty (180) days.

Should any member who is under the age of voluntary retirement and retired for disability fail or refuse to submit to medical examination, payment of his or her retirement allowance shall be discontinued until his or her withdrawal of such failure or refusal, or until the member reaches the age of voluntary retirement, whichever shall first occur, unless it is determined that just cause exists for said failure or refusal. (Prior code § 34.13.1310A)

Upon mailing of notice of his or her decision, as provided in Sections 2.124.2080 and 2.124.2100 of this chapter relating to a claim for benefits or a claim for refund, the decision of the retirement system manager shall be final, binding and conclusive upon the member, the system, and the city, except to the extent that said decision is subject to appeal to the retirement hearing commission. The retirement system manager shall consider and decide upon each application for benefits on its own merits and no decision on any given application shall be considered to be precedent to be followed by the manager in deciding any subsequent application. (Prior code § 34.13.1311)

As used herein, the term "applicant" shall mean the member or any person making application for a member's disability retirement pursuant to the applicable provisions of former (1989) Charter Section 418, former (1976) Charter Section 316 or former (1970) Charter Sections 175.4 or 175.16. (Prior code § 34.13.1312)

In any cases where notice is to be served upon the retirement system manager or commission, such notice may be served by first-class mail, by personal service on the manager, or by leaving such notice with the retirement system supervisor.

In any case where notice is to be served upon a hearing officer, such notice shall be mailed by first-class mail to the hearing officer.

In any case where the retirement system manager, hearing officer or commission is required to give written notice to the applicant, such notice shall be sufficient if it is mailed to the applicant at the address shown on the application by first-class mail and, if the applicant is represented by an attorney or other representative, a copy of such notice shall be mailed by first-class mail to such attorney or representative.

In any case where the retirement system manager, hearing officer, commission or respondent is required to give written notice to a retired member, such notice shall be sufficient if it is mailed by first-class mail to the retired member at the last address to which benefit payments were mailed unless the retired member has notified the retirement system manager in writing of a different address.

In any case where the member is represented by an attorney or other representative, a copy of any notice given to the member shall be mailed by first-class mail to said attorney or representative at the address of said attorney or representative as known to the retirement system manager, hearing officer or commission. (Prior code § 34.13.1313)

Subject to the provisions of Sections 2.124.350, 2.124.480 and 2.124.950 of this chapter and former (1989) Charter Section 406, the retirement system manager shall determine the city service rendered by members of the system, and shall fix and may modify allowances for service and disability and fix other benefits. One year and proportionate parts thereof shall be credited on the basis of two hundred thirty (230) or more days of city service rendered by per diem employees, and on the basis of ten (10) months or more of city service rendered by monthly employees, but not more than one year shall be credited for all service in any fiscal year. Time during which a member was or shall be absent from city service without pay shall not be allowed in computing service except as provided in the definition of "continuous service" contained in Section 2.124.020 of this chapter.

Fractions of years of city service shall be added together to make completed years and fractions thereof. The prior service, plus the current service credited to a member, shall be the total city service with which he or she is entitled to be credited.

However, prior service and current service so credited shall be the basis for a retirement allowance or benefit as provided in this chapter only if membership continues unbroken until retirement on a retirement allowance or until the granting of such other benefit, provided that a termination of membership by the withdrawal of accumulated contributions followed by the redeposit of such contributions upon reentrance into city service shall not constitute a break in membership. Time during which a member is excused from performance of his or her duties, whether or not he or she is required to perform any portion of such duties during such time, and for which he or she receives compensation shall be credited as city service in the proportion that the compensation paid to the member bears to the full compensation which would have been earnable by him or her while performing his or her duties on a full-time basis.

If it shall be impracticable for the retirement system manager to determine from the records the length of service, the compensation, or the age of any member, the manager may estimate, for the purpose of this chapter, such length of service, compensation or age. (Prior code § 34.13.1314)

For the purpose of calculating retirement allowances, compensation earnable based on part-time city service shall be taken as the compensation which would have been earnable if employment had been on a full-time basis and the member had worked full-time.

In determining qualification for retirement and calculating death benefits payable before or after retirement, a year of city service shall be credited for each year during which the member was employed throughout the year on a part-time basis and was engaged in his or her duties the full amount of time he or she was required by the employment to be so engaged.

Credit for fractional years shall be granted to the extent of the fraction derived by dividing the time during which the member was engaged in his or her duties, by the time he or she was required by his or her employment to be so engaged.

For the purpose of calculating retirement allowances, credit for city service rendered on a part-time basis in each fiscal year shall be based on the ratio that the city service rendered bears to ten (10) months if rendered on a monthly basis or, if rendered on a per diem basis, on the ratio that the city service rendered bears to two hundred thirty (230) days. (Prior code § 34.13.1315)