Application Process

• Contact the SBCERA staff to request a disability retirement packet.
• This packet will contain copies of procedures, rules, and forms, some of which you will need to complete before your appointment.
• Applications by mail are not accepted unless circumstances prevent you from appearing at the SBCERA office. The staff will make a home visit under special circumstances.
• Generally, your application must be submitted while you are still in service or within four months after you cease to be in service.

Preparing for Your Appointment
As a first step, you will need to obtain a medical examination by a duly licensed physician, at your expense. Your packet will contain a “Physician’s Report” form, along with instructions for completing it and a job description for your position that the physician can refer to. For the SBCERA staff to accept an application for disability retirement, the physician must note that you are “permanently incapacitated.”

When the “Physician’s Report” is completed, contact SBCERA to schedule an appointment for consultation. You will bring the completed “Physician’s Report” to your appointment. You should also complete the following paperwork before you attend this meeting (all forms are in your packet):

• “Authorization to Obtain and Release Records and Information” (for release of medical records and any workers’ compensation files or disability retirements from other systems);
• “Disability Retirement Hospital/Physician Listing” (for contact information of all hospitals and physicians who have attended, treated, examined or evaluated you); and
• “Disability Retirement Applicant Statement of Facts and Circumstances” (for required information about your situation as well as any input you wish to provide on your incapacity).

Signing the Forms
You may wish to wait until you are in the SBCERA office to sign each form, since some of them require witnessing. The SBCERA staff can serve as witnesses. Alternatively, you may sign the forms in the presence of a notary public, at your expense.

Your Appointment
When you appear for your disability retirement counseling appointment, make sure you bring along the forms mentioned previously and that you have filled them out completely, including entering your home address on the “Applicant’s Statement of Facts and Circumstances.” Providing your attorney’s address is not sufficient. The SBCERA staff will explain the entire disability retirement process to you, including related issues. The staff will complete your “Application for Retirement” for you.

After Your Appointment
Once the SBCERA staff has helped you complete and submit your application, you may be required to report to a physician or physicians designated by SBCERA for additional medical evaluations at SBCERA's expense.

Action by the Board of Retirement
SBCERA staff will provide written notification of the date and time of your disability case review to you and/or your designated representative. You and/or your designated representative will be provided with copies of all information given to the Board of Retirement in the review of your case. If your representative is an attorney and psychiatric reviews are involved, those reviews will be sent only to the attorney. Your disability retirement hearing will not be open to the public.

The Board will determine whether you are permanently incapacitated for performance of your assigned duties and whether your disability is service-connected or nonservice-connected. You will be notified in writing of the Board’s decision. If you are a General member, the Board will also determine whether you are incapable of gainful employment and thus a candidate for the supplemental disability benefit discussed later in this section.

If you disagree with the initial decision, you will have 31 calendar days from the decision date to seek Administrative Review (reconsideration). You may submit additional medical records, statements from co-workers, or any other proof supporting your claimed disability. If you disagree with the decision the Board makes at this second hearing, a formal hearing will be scheduled. The Formal Hearing Stage is the last phase of the disability process. A neutral hearing officer will review all of the evidence previously submitted. Witnesses may be called.  It is suggested that you hire legal assistance to present your case. If your case is denied, you have 90 calendar days to file for judicial review in Superior Court.

The Disability Process Timeline
The Board of Retirement generally will hold a hearing on your disability retirement application four to eight months after the application has been filed. You can expedite matters by submitting copies of all medical records, forms, letters, chart notes and/or test results from any medical facility that has treated or examined you. If the Board approves your application, your disability retirement allowance will be paid from the later of two dates: the date you filed your application or the last date for which you received compensation (including sick leave, vacation, and, for Safety members, 4850 compensation).

NOTE: If you are eligible for a service retirement when you apply for a disability retirement, you may still apply for a service retirement. If your disability application is subsequently approved, you will be reclassified as a disability retiree. If it is not approved, you will remain a retiree—you may not cancel your service retirement.

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