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HomeMy WebLinkAboutMINUTES - 11062007 - C.108 C.108 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on November 9, 2007 by the following vote: AYES: Supervisors Gioia, Uilkema, Bonilla, Glover and Piepho, ABSENT: None ABSTAIN: None SUBJECT: RELISTED to November 27, 2007 to APPROVE amendments to the Contra Costa County Employees' Retirement Association (CCCERA) Board of Retirement Regulations, as adopted by the CCCERA Board, pursuant to Government Code section 31525, as recommended by the County Administrator. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. Attested November 9, 2007 John Cullen,Clerk of the Board Of Supervisors and County Administrator (�By: Deputy Clerk ,ti..:. TO: BOARD OF SUPERVISORS Cot :!,rm, s co! FROM: JOHN CULLEN, o' �'�-�y�' COUNTY ADMINISTRATOR cosq cduN� DATE: November 6, 2007 SUBJECT: AMENDMENTS TO CCC EMPLOYEES' RETIREMENT ASSOCIATION BOARD OF RETIREMENT REGULATIONS SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: APPROVE amendments to the Contra Costa County Employees' Retirement Association (CCCERA) Board of Retirement Regulations, as adopted by the CCCERA Board, pursuant to Government Code section 31525. BACKGROUND: Periodically, the Retirement Board amends its regulations to implement changes required to comply with changes in rules or regulations of the Internal Revenue Service or other applicable law. These amendments do not take effect until they have been approved by the Board of Supervisors. (Gov. Code, § 31525.) As described by the Retirement Chief Executive Officer, the substantive amendments to the Regulations are as follows: 1. Delegation to Retirement Chief Executive Officer (1.4.E) — added language to permit the Retirement Chief Executive Officer to prospectively correct any administrative error in calculations of benefits. Retroactive corrections, if any, would be made in accordance with CCCERA Board action. 2. Exclusion from Membership — by Waiver (111.2.1 ) — added language to set time limits on submission of such requests, with a provision for the Retirement Chief Executive Officer to waive the time limitation for good cause. 3. Leave of Absence (IV.1 and V.1 ) — clarification of when a deduction for retirement is made and the contribution the member shall pay for service credit as a result of a medical leave of absence. CONTINUED ON ATTACHMENT: X YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE � APPROVE OTHER SIGNATURE(S): g��� ACTION OF B )D ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: Contact: Lisa Driscoll,County Administration(335-1023) CCCERA 2gulations November 6, 2007 Page Two (2) 4. Normal Retirement Age and Bona Fide Separation (VII) — this is a new section which establishes Normal Retirement Ages for CCCERA members, based on the service immediately before retirement. The newly defined Normal Retirement Age will be used for purposes of applying the Pension Protection Act of 2006 and other applicable tax-related laws. The Normal Retirement Age will be 50 years of age for,those retiring under the formal "3%@50" and 55 years of age for those retiring under the formula "2%@55", with the caveat that Normal Retirement-Age for CCCERA members shall in no event be earlier than age 55 for general members and safety members who are not"qualified public safety employees as defined by tax; and age 50 for "qualified public safety employees" as defined by tax law. This amendment allows the CCCERA Board to further define its determination of Normal Retirement Age as needed to comply with any rules or regulations of the Internal Revenue Services or other applicable law. 5. Bona Fide Separation from Service (VII) — added language, to comply with tax law, for members retiring at an age younger than Normal Retirement Age as follows: a. The member may not enter into an agreement before retirement, oral or written, to be reemployed by the same employer after retirement, b. The member must acknowledge in,writing to CCCERA that they have been informed and agree to this restriction, c. If a member retires at an'age younger than Normal Retirement Age, they must have at least a 90 day continuous break in service prior to.being reemployed by the same emploYer, and d. if a member is reemployed without compliance as listed above, the retirement benefits must cease and not resume until the member has a bona fide separation or reaches Normal Retirement Age. . 6. Applications for Disability Retirement (XII)— changed language pertaining to the Disability Retirement application process and the hearing process. Basic information regarding the application for disability, the effective data, the process, the request for hearing, and the judicial review remain in the Regulations. However, the CCCERA Board removed the details of the procedure for hearings on disability retirement and created a standalone policy with referrals to the policy in the Regulations. That new policy, entitled, "Disability Retirement Hearing Policy" is attached to this Board Order. Board Regulations CONTRA COSTA COUNTY EMPLOYEES' RETIREMENT ASSOCIATION BOARD OF RETIREMENT REGULATIONS I. ADMINISTRATION 1. Name The name of this Association is "The Contra Costa County Employees' Retirement Association" ("CCCERA" or the "Association"). 2. Board Whenever used in these Regulations, unless otherwise stated, "Board" and "Board of Retirement" mean CCCERA's Board of Retirement as defined in California Government ("Gov.") Code beginning at Section 31459. 2.1 Alternate Board Members A. The alternate safety, alternate appointed and alternate retiree members shall be provided with the same conference, education and manager on-site visit opportunities as all other Board members. B. The alternate safety, alternate appointed and alternate retiree members may participate in the deliberations of the Board or its committees including those deliberations held in closed session. C. Neither the alternate safety member, the alternate appointed member nor the alternate retiree member shall be entitled to serve as an officer of the Board. D. The alternate retiree member shall be entitled to the same compensation as the retiree member for attending a meeting, pursuant to Gov. Code Section 31521, whether or not the retiree member is in attendance at that meeting. E. The alternate appointed member shall be entitled to the same compensation as the fourth, fifth, sixth or ninth member, pursuant to Gov. Code Section 31520.12, whether or not the fourth, fifth, sixth or ninth members attend the meeting. 3. Election of Officers At the first regular meetin- in July, as the first order of business, the Board shall elect a Chairman, Vice-Chairman, and Secretary, each to hold office for a term Administration\Guidlines_Policies\Regulations.doc 1 179S5:6557312.5 oard Regulations , of one year or until a successor is duly elected and qualified. The newly elected officers shall immediately be seated. The Chairman shall appoint two Board. members to assist in establishing the agenda as it relates to administrative or investment matters. Should an officer for any reason fail to complete his/her . term, the Board shall select a successor for the balance of the expired term at its next regular meeting. 4. Delegation to Retirement Chief Executive Officer In addition to the normal duties required to administer the Association on a day- to-day basis, the Retirement Chief Executive Officer is authorized to perform the following duties which are otherwise reserved for the Board: A. Issue subpoenas and subpoenas duces tecum under Gov. Code Section 31535. B. Release unclaimed funds under Gov. Code Section 31629 provided the claimant.has adequately established his/her identity and makes application for the funds. C. Determine, under Gov. Code Section 31724, that the effective date of a >nemUer s dlsab>l>ty ret>rerizerifts a date earlier than the date the applicaf>on - was filed if the delay in filing was due to administrative oversight or inability to ascertain permanency and where credible documentation exists to support this fact. D. Accept elections for deferred retirement under Gov. Code Section 31700 and affidavits of membership under Gov. Code Section 31526. E. Correct prospectively any administrative error in the calculation of retirement benefits, with the issue of retroactive corrections, if any, to be reserved for the Board's exercise of discretionin accordance with the law. 5. Fiscal Year The fiscal year for budget purposes shall be the calendar year. Adm inistration\GuidIines_Policies\Picgulations.doc 17965:6597312.5 .. Co Board Regulations II. MEETINGS 1. Regular Meetings Regular meetings shall be held on the second and fourth Wednesday of each month at 9:00 a.m. in the Board Room of the Contra Costa County Retirement Association, 1355 Willow Way, Suite 221, Concord, California 94520, unless changed by the Board. The meeting regularly scheduled for fourth Wednesday in November shall instead be scheduled for the fourth Tuesday. 2. Quarterly Investment Review The Board shall review investment manager performance at the meetings scheduled on the fourth Wednesday of February, May, and August, and on the fourth Tuesday of November at 9:00 a.m., unless changed by the Board. 3. Special Meetings Special meetings may be called in accordance with the Ralph M. Brown Act. u es o - r er Unless otherwise provided herein, the general conduct of the Board shall be guided by Robert's Rules of Order, Revised, 1915 edition. All other proceedings, including those of motions and decorum, shall be guided by those provisions pertaining to an "Assembly" as specified in Robert's Rules of Order. The Chair will: A. Vote on all Questions B. Recognize a member or non-member entitled to speak C. Enforce the rules and decorum specified in these Regulations A motion for the "Previous Question" (to "call" or cut off debate of the immediate pending question) may be made by any member without a second. If no objections are made by the members, the Chair will immediately "put", without debate, the question. If an objection is made, a vote is immediately required, without debate, regarding the "previous question". A vote of 2/3 of the votes cast is necessary for adoption. If adopted, the Chair immediately"puts", without debate, the pending question. Administration\Guidlines_Policies\Reoulations.doc 3 17955:6597312.5 Board Regulations 4.a. Order of Business. First Meeting of the Month The usual order of business at the first meeting of the month.shall be: A. Public Conunent B. Approval of minutes C. Routine items approval D. Closed Session for disabilities, litigation, and personnel matters.. E. Report out of Closed Session F. Unfinished administrative business G. New administrative business H. Fiduciary/Staff education I. Miscellaneous -�--- (ii) Outside Professionals' Reports (iii) Trustees' comments The Chair may modify the order of business. 4.b. Order of Business,Second Meeting of the Month The usual order of business at the second meeting of the month shall be: A. Public Comment B. Approval of minutes C. Investment performance review D. Investment matters E. Actuarial matters F. Miscellaneous ( 1) Staff Report (ii) Outside Professionals' Report (iii)Trustees' comments The Chair may modify the order of business. Administration\Guidlines_PolicicsTegulations.doc 4 17985:6587312.5 Board Ret7ulations — 5. Quorum Five voting Members of the Board present at the meeting shall constitute a quorum. No motion may be passed or business transacted without five affirmative votes. 6. Communications and Requests Communications and requests should be made in writing and any action of the Board thereon shall be noted in the minutes. 7. Minutes The minutes or a true copy thereof, prepared in accordance with the Ralph M. Brown Act, shall be signed by the Secretary and the Chairman, and shall form part of the permanent records of the Board. The reason for a Board member's vote on a Board action shall be included in the minutes when requested by the member. Administration\Guidlines_Policies\Regulations.doc 5 17955:658731'.5 "uaiu P Cplaiiuiia III. MEMBERSHIP 1. Exclusion from Membership— By Type of Employment A. All officers and employees of the County or districts shall be members of the association as provided in Article 4 under Sections 31550-31567 of the County Employees' Retirement Law of 1937 (Gov. Code Secs. 31450, et seq. "CERL"), unless excluded from membership by this Section. B. The following employees shall be excluded from membership: ( i) Temporary, seasonal or independent contract employees who are employed or re-employed for temporary service or at certain specified periods each year. (ii) Internaittent or permanent-intermittent employees who are appointed to serve less than 80% of.the full number of working hours required of regular eimmployees or who actually serve less than 80% of such full number of working hours in one year as certified by their appointing authority. (iii) Part-time employees whose service for the County or district is less than fifty (50)percent of the full number or working hours required of full- time employees at that employer. ( iv)Project employees, unless the appointing authority certifies that the project is expected to be of one year or more in duration on a greater than part-time basis. ( v) Provisional employees, unless they otherwise meet the requirements for reciprocal benefits with other retirement systems under Article 15 of CERL. C. In making its determination regarding an employee's inclusion in or exclusion from membership, the Board will not rely solely upon the term given to the type of employment. Rather, the Board will rely upon such additional facts such as the nature of the employment, its expected or actual duration, and its relationship to what is considered full-time, permanent employment. 2. Exclusion from Membership— by Compensation Except as otherwise herein provided, all employees of the County or district who receive compensation amounting to less than one-hundred (S 100) dollars per month, and in the case of employees paid on other than a monthly basis an average of one-hundred ($100) dollars per month for the preceding year, including maintenance valued according to the schedule adopted by the gove>ning Administration\GuidIines_Policies\Regulations.doc 6 17985:6587312.5 Board Regulations body, are hereby excluded and exempted from membership in the Retirement Association. Any member of the Retirement Association whose salary is reduced to an amount less than one-hundred ($100) dollars per month shall have the option of continuing or discontinuing his/her active membership in the Association. 2.1 Exclusion from Membership -by Waiver Newly hired employees age 60 and older may waive membership as authorized by Gov. Code Section 31552: Any such waiver of membership shall be effective only if it is submitted to the CCCERA Retirement Chief Executive Officer within 90 days of the employee's date of hire; provided, however,that the Retirement Chief Executive Officer may, in his/her sole and reasonable discretion, waive the time limitation if the newly hired employee establishes good cause for such a waiver. 3. Certifications Every employee of the County or district within the county whose employees are members of the Association shall, upon entry into the Association, complete a sworn statement as provided for in-Gov. Coae Section 31526(b)-A-certified --- - - -- - - copy of the member's birth certificate or other evidence of birth may be required by the Board. It shall be the employer's responsibility to assure compliance with this section. The Board shall assess the employer five hundred ($500) dollars per employee for every month or fraction thereof that the required certification is not submitted. The Board shall notify the employer in writing of the imposition of assessment at least thirty days before the assessment. Administrati on\GuidIines_Policies\Regulations.doc 7 17985:6587312.5 Board Reeulations IV. CONTRIBUTIONS AND REPORTING 1. Leave of Absence When a leave of absence without pay is less than a full calendar month, the full monthly contribution, if available from the member's salary, shall be deducted from the member's earnable compensation and service credit shall be given for a full calendar month. If the amount of the member's salary for the applicable period is less than the contributions due, then no deduction shall be made.for service credit. (Gov. Code section 31527, subd. (a).) Members on stipendiary educational leaves shall continue to make contributions. 2. Due Dates Each employer shall report to the Association in a manner and frequency as determined by the Board sufficient for the Board to credit contributions and service to each member's record. Unless otherwise specified, reports shall be due no later than the tenth of each month-for th-e previous month s payroll-and-shall e accompanie y-mens er mid- employer contributions. If the tenth of the month falls on a weekend or holiday, the due date shall be the last working day before the tenth. Reports, which are unreadable or incorrect, shall not be accepted and shall be returned to the employer. Reports and contributions received after the due date shall be considered late and subject to a late reporting penalty equal to: the prime rate in effect on the due date computed on a daily,non-compounding basis and applied to the contributions due. 3. Drops in Pavroll Whenever the employer's reportable payroll drops to a level which is lower than 70°o of its payroll during the same period in the preceding year, the Board may investigate the cause. Whenever the employer's reportable payroll drops to a level which is lower than 50% of its payroll during the same period in the preceding year, the Board shall investigate the cause. If the Board determines that the cause is other than temporary it shall determine the amount of contributions due from the employer to continue paying its share of any unfunded liability. This amount shall then be due from the employer in addition to any contributions made on the reduced payroll. 4. Employer Certification Each report as specified in Section IV.2 shall include or be accompanied by a certification, under penalty of perjury, as to its accuracy. The certification shall 'be made by a duly authorized representative of the employer. Administration\Guidlines_Politics\Rcgulations.doc S 17985:6587312.5 Board Regulations V. SERVICE 1. Leave of Absence When a member returns from a medical leave of absence without pay, the member shall receive credit for up to 12 months of the leave time if the member pays an amount equal to what he or she would have paid, including any amount that would have been paid by the member's employer on the member's behalf (Le., subvented), had he or she not taken the leave together with the interest that such amount would have earned had it been on deposit. Calculation of the cost of the leave purchase and the method of payment for such leave shall be as provided in Gov. Code Section 31646. 2. Prior Service In establishing the length of prior service for any member entitled to credit therefor, official payroll records or other official records shall be controlling. In the event that any of such records are unavailable, the Board, in its discretion, may accept affidavits of the employee, affidavits of the employee's employer, affidavits of fellow employees or such other sworn evidence as the Board ---- • ----- ..__ -- - .. determines t- e pertinent. For the purpose of these Regulations, credit for prior service for a per diem employee entitling the employee to a full year's credit towards retirement shall mean 200 or more workdays of service rendered in any one calendar year including leave of absence, vacation and sick leave duly granted, but not more than one year of credit shall be allowed for service in any one calendar year. Service of less than 200 workdays in any one calendar year shall be credited on the pro-rata basis of 250 workdays per year. Prior service shall include all service for the employer and all service while on leave from the employer for military duty, which is prior to the establishment of the retirement system. 3. Sick Leave Credit The following provisions govern the use of sick leave credit toward service credit at retirement under Government Code Sections 31641.01 as adopted by the County Board of Supervisors. A. The total hours of sick leave accumulated by the member on the date of retirement, at the rate of one day for each one day earned, shall be certified as to its accuracy in writing under penalty of perjury by the duly authorized representative of the employer. Admin istration\Guidlines_Policies\Regulations.doc 9 17985:6587312.5 ��Bo�ard Rcgulatior� B. The Association shall convert the total.sick leave into years and fractions of a year using the following equivalencies: ( i) For firefighters, accumulated sick leave hours at retirement shall be divided by 2,912 (average number of working hours per year for a firefighter). ( ii) For all other members, the accumulated sick leave hours at retirement shall be divided by 2,000 hours (average number'of working hours per year). C. The formula used to determine the sick leave service credit value shall be the same as used for the member's service category at the time of retirement. 4. Service Purchase Any member who elects to purchase prior public service under Government Code Section 31641.2, prior nonmembership service under Government Code Section 31641.5, prior service under Government Code Section 31648, or military service under Government Code Section 31649.5, shall be eligible to make the purchase anytime before applying for ref rement. Any member who elects to purchase prior public service under Govermnent Code Section 31641.2, prior nonmembership service under Government Code Section 31641.5, prior service under Government Code Section 31648 or military service under Government Code Section 31649.5 shall be permitted to make such purchase in installment payments as provided for in Section V, paragraph 6.of these Regulations. 5. Redeposit of Withdrawn Contributions On redeposit, a member must pay withdrawn contributions plus any interest as defined in Gov. Code Section 31.472.1, subject to Section V, paragraph 8. The redeposit will exclude contributions subvented by the employer under Gov. Code Secs. 31581.1 31581.2 and 31630, and exclude any Cost of Living (COL) contributions that were not otherwise paid by members as a result of a transfer of excess surplus funds for that year. 6. Installment Pavments Whenever a member elects to purchase prior public service (Gov. Code Sec. 31641.2), prior nonmembership service (Gov. Code Sec. 31641.5), prior military service (Gov. Code Sec. 31649.5), prior service (Gov. Code Sec. 31648), or leave of absence service (Gov. Code Sec. 31646), or elects to redeposit withdrawn Administration\Guidlines_Policies\Regulations.doc 10 17985:6587312.5 Board Regulations service (Gov. Code Sec. 31652), and the member elects to make such purchase or redeposit in installment payments, the following shall govern: A. The amount of service represented by each installment payment shall be computed by dividing the amount of the installment payment by the total cost of purchase or redeposit, and multiplying the resulting percent by the total service being purchased or redeposited. B. The member's service credit record shall be increased to reflect each installment payment as it is received and shall be applied to the most recent service for which credit is available. C. The member's account balance shall be increased to reflect each installment payment as it is received. Unless otherwise certified by the employer, the installment payment will be deemed and credited as after-tax member contributions. D. If the member dies, requests a refund, or retires either for service or disability, no further installments shall be accepted. Any benefit payable thereafter shall recognize or include service purchased or redeposited and account balances to date. ------ --- ------------ E. If multiple periods of service are eligible for purchase or redeposit, the cost of each period shall be separately computed and any installments shall apply to the most recent service period first. F. Unless otherwise prohibited by law (leave of absence without pay under Gov. Code Sec. 31646, prior public service under Gov. Code Sec. 31641.2, and prior nonmembership service under Gov. Code Sec. 31641.5), the member shall be eligible to make installment payments so long as he or she continues to be actively employed. As for service purchased under Government Code Sections 31641.5 and 31646, such payments may be made by lump sum or by installment payments over a period not to excess the length of time for which the member has elected to receive credit, in the manner otherwise provided for in this paragraph 6. As for service purchased under Government Code Section 31641.2, such payments may be made during active employment as a member by lump sum or by installment payments over a period not to exceed five years. G. A member may elect installment payments by monthly payroll deductions on a pre-tax and/or post tax basis. ( i) A Purchase Contract must be sighed for payroll deductions. Administration\Guidlines—Policies\Regulations.doc 11 17985:6587312.5 ILI Board Regulations ( ii) Service credit purchased with pre-tax dollars by payroll deduction requires the member to meet with a Retirement Counselor to discuss the legal provisions and limitations of the contract the first time a pre- tax contract is signed. (iii). All payroll deduction Purchase contracts must be paid in full by the member's retirement date or within 120 days of termination. ( iv) Service credit is posted to member's account at the completion of the contractual payments. 7. Conversion of Tier II Service Credit Once a member elects or by resolution has been placed into Tier III membership under Gov. Code Sec 31755 he or she is eligible to convert all or any part of Tier II service credit to Tier III service credit: . The member's cost shall be the difference between the total amount he or she and the employer paid into the Association under Tier II and what would have been contributed during the same time if.the employee had been under Tier III, together with interest as defined.in Section 31472.1, subject to Section V, para-rap h 8. 8. Forgiveness of Interest In. cases where a member is redepositing withdrawn contributions, purchasing service credit or converting service credit in accordance with this Section V, interest shall not include the most recently credited interest amount if all of the following conditions are met: A. The member requested a calculation of the cost of the purchase or conversion more than three months prior to the June 30. or December 31 interest crediting date. B. The member received the requested calculation after the June 30 or December 31 interest crediting date. C. Within 30 days of receipt of the requested calculation the member pays all or a part of the cost with a lump sum payment. Administration\Guidlines_Policies\Re;ulations.doc 17 17945:658731"_'.5 Board Regulations ` VI. COMPENSATION 1. Compensation for Retirement Purposes. The Board has adopted a Board Compensation Policy listing items of compensation that are included in "compensation", "compensation earnable", and "final compensation" as defined in Government Code Sections 31460, 31461, and 31462.1. The Retirement Association will provide each employer with a copy of the Board Compensation Policy. Each employer is required to transmit promptly to the Retirement Association, contributions on each item of compensation listed in the Compensation Policy as includible in "compensation". 2. New or chanced pav items. Each employer shall report to the Association in writing within 30 days of any of the following events: A. A new pay item is created. B. There has been a change in either an existing pay item or the conditions under which the pay item is computed, accrued or paid. C. Notification received after the 30 days adoption shall be considered late and shall be assessed as defined in Section IV.2. D. Upon notification, the Board shall determine whether the pay item is included in "compensation" as defined in Section 31460. Administration\Guidlines_Policies\Regulations.doc 13 17985:6587312.5 `1 oard Regulations VII. NORMAL RETIREMENT AGE AN\TD BONA FIDE SEPARATIONS Normal Retirement Age For purposes of applying the Pension Protection Act of 2006 ("PPA") and complying with other applicable tax-related laws (such as restrictions on in-service distributions), effective July 1, 2007, the "Normal Retirement Age" for CCCERA members shall be the age set forth in CERL retirement formula for an unreduced benefit that applies to.each CCCERA member immediately preceding the effective date of his or her retirement from a CCCERA employer. For example, the Normal Retirement Age for a member who cams retirement service immediately before retirement under a"3% at 50"retirement formula(Gov. Code section 31664.1) is 50 years of age. The Normal Retirement Age for a member who earns retirement service immediately before retirement under a"2% at 55" retirement formula (Gov. Code section 31676.16) is 55 years of age. Notwithstanding the foregoing, Normal Retirement Age for CCCERA members shall in no event be earlier than (i) age 55 for CCCERA members who are not Qualified Public Safety Employees (as defined in Internal Revenue Code section 72(t)(10)(B)) immediately prior to their retirement; and (ii) age 50 for CCCERA members who are -- ----------.-..-. .. -.. Qualified Public Safety Employees. The Board may change or further refine its determination of Normal Retirement Aae as described herein in order to comply with any rules or regulations of the Internal V Revenue Service or other applicable law. The Board's current determinations of Normal Retirement Age are based upon the findings and conclusions set forth in Board of Retirement Resolutions 2007-1 and 2007-2. Bona Fide Separation from Service A) In.order to comply with tax law restrictions on in-service distributions, a member who retires at an age younger than Normal Retirement Age, as defined herein, may not enter into an agreement, either oral or written, prior to the date the member's retirement commences, to be reemployed while retired by the same CCCERA employer, regardless of the length of the member's break in service after retirement. The member must acknowledge in writing to CCCERA at the time of retirement that the member has been informed of these requirements and limitations on post-retirement employment and that no prearrangement to be reemployed while retired exists. B) A member who retires at an age younger than Normal Retirement Age, as defined herein, must have at least a continuous 90-day break in service from the date of the member's last day of employment prior to being reemployed while retired by the member's prior CCCERA employer. Administration\Guidlines_Politics\Regulations.doc 1 17985:65873 12.5 Board Regulations C) If a member is reemployed without compliance with subsections (A) and (B) above, the retired member's retirement benefits from CCCERA must cease as soon as practicable upon discovery by CCCERA and will not resume until the member has a bona fide separation from service or reaches Normal Retirement Age, whichever occurs first. D) . The definitions, limitations and requirements contained herein shall be provided to every CCCERA member who inquires about retirement. VIII. WITHDRAWALS 1. Discontinued Service The service of a member will be considered "discontinued" under Gov. Code Section 31628 only if the member has actually terminated employment and. either the tennination is due to lay-off or the member is not reemployed by that employer for a period of 45 days. The service of a member will not be considered discontinued if the member continues to work for the employer or for another participating employer, even >f the member's work schedule is elow the minimum number ofhoursrequired --- - - -- to qualify for coverage. In these cases interest will continue to be credited to the member's account. 2. .Account Withdrawals All requests to withdraw an account must be in writing. All payments of an account balance shall be in the form of either or both of the following: A. A lump sum distribution B. A rollover to an IRA or a new employer's Qualified Plan per current IRS guidelines. 3. Interest Crediting Interest is credited to the account of a pending refund request on June 301h or December 3151 if the funds have been on deposit for six months or more in accordance with Gov. Code Section 31591. A member who continues employment in a non-covered position will have interest credited to his/her account. Administration\Guidlines_Policies\Regulations.doc 15 17935:6587312.5 ` oard Regulations 4. Account Reinstatement A member who has appealed a dismissal and has been reinstated by the employer is allowed to redeposit withdrawn retirement contributions, plus interest, and will be reinstated as of the original date of membership in the Association. Administration\Guidlines_Policies\Reeulations.doc 16 17995:65873 1 2.5 Board Regulations IX. NEW PARTICIPATING EMPLOYERS (Section 31 557) All officers and employees of any newly participating district shall become members of the Association as provided in Section 31557. A. An actuarial valuation shall be made to determine liability. J B. The district shall.pay the cost of the valuation. Administi-ation\(juidlines_Policies\IZegulations.doc 17 1798�:6587312.5 Board Regulations X. PARTICIPATING EMPLOYER WITHDRAWAL (SECTIONS 31564.AND 31564.2) An employer, by resolution, may withdraw its employees from membership in the Association as provided in Government Code sections 31564 and 31564.2. A. Upon notification by an employer that it is considering withdrawing from the Association, the Association will provide the employer with a copy of the Association's Employer Termination Policy. B. An employer shall comply with the Association's Employer Termination Policy to ensure the actuarial soundness of the retirement system. Administration\Guidlines_Policies\Reeulations.doc 18 17955:6557312.5 Board Regulations XI. DISPENSING WITH RECALCULATION FOR MINOR DISCREPANCY 1. Closed Accounts The Board authorizes the Retirement Chief Executive Officer to refrain from collecting an under payment or refunding an overpayment of accumulated contributions from a member who has terminated from the association and cannot be located, whenever the amount is fifty dollars ($50) or less. 2. Active,Deferred and Retiree Accounts The association may dispense with issuing any check whenever the retroactive liability is less than five dollars ($5). Administration\ruidlines_Policies\Regulations.doc 19 17985:0587312.5 Board Regulations XII. APPLICATIONS FOR DISABILITY RETIREMENT (Adopted: Retirement Board–June 14, 1977) (.Approved: Board of Supervisors–June 28, 1977) 1. Application Form An application for service-connected or nonservice-connected disability retirement shall be filed on the Application for Disability Retirement form prescribed by the Board of Retirement, and shall include either a completed Physician's Statement or another form of medical report to support the Application. 2. Effective Date Of Disabilitv Retirement Allowance (a) The effective date of a disability retirement allowance shall be established pursuant to Gov. Code Section 31724. (b) The applicant may apply to have the disability retirement allowance become effect>ve earlie—f than the date tb6-application is iled upon a showing the application was delayed due to administrative oversight or by the inability to determine the permanency of the disability until after the date following the last day for which the applicant received regular compensation, by completing the applicable section of the Application for Disability Retirement form. The failure of the applicant to apply for an earlier effective date at the time the application is filed shall constitute a waiver of the right to apply for an earlier effective date. 3. Denial Without Prejudice (a) In the event the medical advisor's reconunendation is to deny the disability application (without prejudice), the member may submit additional medical information to support the application and/or request a hearing within six (6) months of notice of the denial.- (b) enial.(b) In the event the medical advisor's recommendation is to grant the disability application, the Board of Retirement will review the recommendation and take action on the application for disability retirement. If the Board denies the application (without prejudice), the member may request a hearing within six (6) months of notice of the denial. 4. Request For.Hearin 2 Any applicant for disability retirement shall, upon request, be entitled to a hearing, at the sole discretion of the Board of Retirement, before the Board, or before a referee appointed by the Board pursuant to Gov. Code section 31533. Administration\Guidlines_Policies\Regulations.doc )o 17985:6587312.5 Board Regulations Any such request for hearing shall be in writing, and shall be made within 30 days after notice of the Board's action denying the application is mailed by certified or registered mail to the applicant. An application is deemed made on the date mailed if mailed by certified or registered mail, on the date postmarked if mailed by first class mail and received, or on the date received by the Association,whichever is earlier. 5. Judicial Review In any matter in which the party or applicant is entitled to judicial review of any action taken by the Board of Retirement, the petition to the court must be filed within 90 days from the date the notice of the Board's decision is delivered to the party or applicant, or served by certified or registered mail upon the party or applicant or the party's or applicant's attorney. The procedure for hearings on disability retirement applications that the Board of Retirement or a Referee holds in connection with determination of disability retirement benefits under CERL shall be set forth in the Board of Retirement's separate policy regarding the same. Administration\Guidlines_Policies\Regulations.doc 1 17985:6587312.5 oard Regulations' XIII. CONTINUED EMPLOYMENT OF PARTIALLY DISABLED EMPLOYEES (Approved: Board of Supervisors—May 9, 1972) NOTE: This entire section (formerly Section 10) is under consideration for either a complete rewrite and renumbering, or deletion. Below is a reproduction of Section 10 as created in 1972. Section 10.1 —Purpose This regulation governs the procedures for the continued employment of partially disable members pursuant to Government Code Section 31725.5 and.County Ordinance Code Section 2468. Section 10.2 —Definitions In this regulation, unless otherwise specifically provided, or required by the context, these terms have these meanings: ..-.--._..---...--.-- _-A.__"Reassignment'_'..means-the-appointment-(pursuant--to-the.-Statute,-the---...---------— .-.=---.----- ordinance and this regulation) of a member to a position, with duties different from, and compensation earnable higher, lower, or the same as, the position for which he is incapacitated. B. "Board"means the Board of Retirement (Retirement Board). C. "Retirement Chief Executive Officer" means the Retirement Administrator as defined in Government Code Section 31522. D. "Incapacitated for the performance of his/her duties" ).Weans the permanent inability of the member, due to physical or mental causes, to perform the duties of his/her specific position. E. "Committee" means the Rehabilitation Committee. F. "Governing Body" means the Board of Supervisors or the elected officials governing a district. G. "District" is defined in Government Code Section 31468. Section 10.3 —Rehabilitation Committee A. A Rehabilitation Committee is hereby established for the purpose of recommending whether a member shall be reassigned. Admin istration\Guidlines_Policies\Regulations.doc 22 17985:6587312.5 Board Regulations B. Except as provided by Section 10.7, this committee shall consist of the following: a. The permanent members are a member of the Board designated by it; and the County Administrator, Director of Personnel and County Health Officer or their designees; and the Retirement Chief Executive Officer or his/her designee, who serves as secretary without a vote. b. The appointing authority within the department or district to which the reassignment is proposed or his/her(its) designee. c. The employee and/or his/her designee, unless he waives membership. Section 10.4-Procedure A. After an application for disability is filed, the Retirement Chief Executive Officer shall consult with the Board's medical advisor, the member employee and others as necessary, to determine whether a reassignment appears feasible (in view of the members employee's condition) if the Board later finds the member employee to be incapacitated for the performance of ----- ------�iis/her�c utie�f.a reassign-nen appeareasib-e�the Retirement Chief--- ------— Executive Officer, he shall convene the permanent members of the Committee and the employee or his/her designee, and they shall explore the practicabilities of returning the member employee to his/her previous position or reassigning, rehabilitating and/or retraining him/her. B. When a department or district is located to which a reassignment appears feasible, the appointing authority within it shall be added to the Committee (pursuant to Section 10.3B(2) above). C. The Committee may make its recommendation to the Board at any time before or after Board action on the application for disability retirement. Section 10.5 -Reassignment After the Board determines that the member employee is incapacitated for the performance of his/her duties, he shall be reassigned, in lieu of being retired for disability, if the appointing authority in the department or district in which he is to be employed and the Governing Body agree to his/her appointment and the appointment is made in accordance with any applicable merit or Civil Service system rules. Section 10.6 - Later Retirement If a member who has accepted reassignment is voluntarily or involuntarily separated from the service thereafter, his/her retirement benefits and rights, including those of his/her beneficiaries, shall be determined as if he were being retired on the date of this Administration\Guidlines_Policies\Rcgulations.doc 23 17985:6557312.5 Board Regulations later separation for the same type of disability retirement as he would have received had he been retired originally instead of reassigned,but a new application may be filed for disability retirement based on his/her job connected.injury or disease occunng after the first application was filed, and his/her rights and benefits (including Cost-of-Living retirement adjustments) shall not be less than those to which he would be entitled if he retires for.service on the date of his/her later separation. Section 10.7 In a district for which the Board of Supervisors is not the governing body, the Retirement Chief Executive Officer shall request the district to appoint to the Committee those personnel with functions similar to those of the County Administrator and Director of Personnel; and such other personnel shall then service on the Committee in lieu of the County Administrator and Director of Personnel. Administration\Guidlines_Policies\ltegulations.doc 74 17985:6587312.5 Board Regulations IX. AMENDMENT OF REGULATIONS Amendments to these regulations require 6 affirmative votes of the Board. Administration\Guidlines_Policies\Regulations.doc 25 17985:6587312.5 DISABILITY RETIREMENT APPLICATION AND HEARING POLICY 1. GENERAL PROCEDURES 1.1 Purpose. The purpose of these procedures is to provide for the fair, efficient, and equitable processing and consideration of applications for disability retirement made by members of the Contra Costa County Employees' Retirement Association under the Count Employees Retirement Law of 1937 (Government Code section 31450 et.seq.). 1.2 Amendments. These procedures may be amended at any regular or specially noticed meeting of the Contra Costa County Employees' Retirement Association Board of Retirement ("Board") by a majority vote of the Board. In order to facilitate the orderly and efficient implementation of these procedures, the Board hereby delegates to the Chief Executive Officer the authority to approve - amendments-of-a-minor,-non -Icl "Disability"or "Disabled,"for members of the Tier II and Tier III Plan, means the permanent incapacity to engage in any substantial gainful employment (as defined in "Substantial Gainful Employment" below). (Government Code section 31720.1) "Hearing Officer" means the person who conducts administrative hearings on issues related to an application for disability retirement and provides a Proposed Recommendation including proposed Findings of Law and Fact to the Board. A Hearing Officer must be a qualified member of the State Bar of California appointed by the Board pursuant to the provisions of Government Code section 31533, including an Administrative Law Judge designated by the state Office of Administrative Hearings. "Member" means a member of the Contra Costa County Employees' Retirement Association. "Non-Service Connected Disability Retirement" means a type of disability retirement awarded to a member who becomes permanently incapacitated from a cause that does not arise out of and in the course of his or her employment in accordance with the statutory and case law describing the requirements for finding "service connection." The Tier I or Safety member must have completed five years of service and the Tier I I or Tier III member must have completed 10 years of service.. "Service-Connected Disability Retirement" means the type of disability retirement awarded to a member of CCCERA who becomes permanently incapacitated and whose incapacity is the result of an injury or a disease arising out of and in the course of the member's employment. The employment must have contributed substantially to the incapacity, in accordance with the statutory and case law describing the requirements for determining "service connection." "Substantial Gainful Employment" shall be determined by application of the following criteria, as adopted by the Board on April 16, 1991: 7. "Substantial employment"is work activity that involves physical or mental effort, regardless of the time spent. 2. "Gainful employment"is work activity that is done for pay or profit, whether or not a profit is realized, including work as a self-employed individual. In general, employment will be considered gainful if the monthly salary from that employment is equal to or exceeds the greater of either: (a) $300 a month, or (b) the initial monthly disability retirement benefit that would otherwise be payable. In general, self-employment will be considered gainful, without regard to income, if the activity is comparable to that of unimpaired individuals who are in the same or similar business as their means of livelihood. 3. Inability will be determined using the following factors: . a. Previous work experience b. Education or training whether formally obtained through schooling or informally obtained through work experience. c. Transferability of knowledge, skills and abilities to perform other work. d. The extent to which chronological age affects the ability to adapt to a new work setting. e. The existence of jobs in one or more occupations, having requirements that the member is able to meet and that lie within a 100 mile radius of the member's residence, regardless of whether a specific job vacancy exists, or whether the member would be hired if he or she applied, or whether the member wishes to do a particular job. 1.4 Quorum and Voting Requirements. Whenever the Board considers any action in a disability matter, a quorum is required. A quorum shall consist of a majority of the entire Board. No motion may be passed in any disability matter without'at least five affirmative votes. 1.5 Communication with Board Members. 0 The Board is the decision-maker for all disability retirement applications. As such, any ex parte communications between any Board member and any interested parties or their representatives concerning the merits or substance of an application are forbidden until all proceedings with respect to the application have been concluded. Violations of this rule may result in the Board member being found ineligible to participate in any discussion regarding the application or to vote on the application. 1.6 Representation by Counsel. Any applicant is entitled, at his or her expense, to be represented by an attorney during the disability retirement process. The party must file with the Retirement Association written notice designating counsel and providing the counsel's name, an address, and telephone number. Absent such written notice, the Retirement Association is not obligated to recognize any attorney claiming to represent a party. After notification of representation, all notices and documents shall be sent to that attorney. No applicant or member is required to have an attorney at any time. - top, 1 .7 Stipulations. No stipulation, agreement, or understanding of the employer or of any other party to a proceeding in a workers' compensation or any other proceeding in which neither the Board nor the Retirement Association is a party, shall be binding upon this Board or Association insofar as it asserts to relate to or affect a disability retirement application or matter of a CCCERA member. 1 .8 Service of Documents. When a provision of these procedures requires that parties be served, service shall be made upon all parties who are participating in the proceedings. If the party to be served has an identified attorney of record, service shall be made upon the attorney of record. Unless otherwise provided in these procedures, service may be made either personally or by mail in accordance with this section. Service may be made by fax, if previously agreed to by the party to be served. Any document served by fax must also be sent by regular U.S. Mail with first class postage fully prepaid. Service by mail is completed by depositing the envelope in the U.S. Mail with - —first class-pos-tage fully-prepaid, properly-addressed to-the-party-to-be-s-e-rued-at th-e— -- address latest on file with the Retirement Association. Service by mail shall extend applicable time limitations in the manner prescribed in Code of Civil Procedure § 1013. It is the responsibility of the member to notify the Retirement Association and all parties of any change of address. 1 .9 Penalties for Failure to Comply with Disability Retirement Procedures. Failure of the member or applicant to comply with these procedures may be treated as non-cooperation and may result in dismissal of the application with or without prejudice. Failure to comply includes, but is not limited to, failure to submit to medical examinations, failure to submit documents requested by the Association, failure to cooperate in the formal hearing process, failure to follow any order of the Board or Hearing Officer, and failure to comply with the requirements set forth in these procedures.. 1 .10 Burden .Of Proof. The applicant has the burden of proving, by a preponderance of the evidence, that the member meets the criteria for a disability retirement, including that she or he has a permanent incapacity in accordance with the statutory standards of the County Employees Retirement Law of 1937 and the standards for Tier I, Tier ll, Tier III, or Safety members of the Association as defined in section 1.3 above. With regard to an application for service connected disability retirement, the burden rests with the applicant to prove by a preponderance of the evidence that the member's permanent incapacity arose out of and in the course of his or her employment, and that the employment contributed substantially to the disability. For Safety Members who have completed five (5) or more years of service and have certain specified diseases as defined in Government Code sections 31720.5, 31720.6, 31720.7, and 31720.9, such diseases are presumed to arise out of and -in the course of employment. When such a presumption exists, the burden of proof shifts to the Retirement Association to show that the disease and resultant disability was not work-related. 2. APPLICATION PROCESS 2.1 Making Application for Disability Retirement: The Retirement Association shall furnish application forms to any person upon request, including a copy of the regulations and policies which govern disability retirement applications and hearings. The applicant shall complete the forms fully and in accordance with these procedures, and shall sign and verify under oath or penalty of perjury. The application shall be deemed filed the day it is received by the Retirement Association. An application shall not be accepted for filing unless it is complete and includes copies of the following documents to be furnished by the applicant: a. Application for Disability_. Retirement__ b. Authorization and Release of Medical Information if the applicant is the member. c. All medical reports upon which the applicant relies to support the application. d. All other medical reports or other information relevant to the application within the possession of the applicant or his or her agent. If all supporting documents are not filed within 30 days of the application, the application will be returned. 2.2 Withdrawal of Application. A member may withdraw an application at any time. If an application has been withdrawn without prejudice, any subsequent application, including resubmission of the withdrawn application, is considered a new application and must meet all requirements, including timely filing requirements. Any withdrawal of an application after assignment to a hearing officer. is deemed a withdrawal with prejudice. An application withdrawn with prejudice precludes the filing of any future application based on the same disability, injury, or disease. 2.3 Medical Examinations. The Retirement Association may require a member to undergo a medical examination by a physician who is a specialist in the appropriate field of medicine, for which the Association shall pay. Refusal of any member applicant to submit to a medical examination shall result in the denial of the application.. 2.4 Review of Application. When the application file is complete, all documents will be reviewed by the Board's Medical Advisor, who will make a preliminary recommendation, summarizing the evidence or absence of evidence supporting the recommendation. If the recommendation is to grant the application, the matter will be placed on the agenda for Board consideration of the recommendation. .If the Medical Advisor cannot recommend granting the application based on the evidence submitted, the Retirement Association staff shall advise the.applicant.that she or he may: 1) submit additional medical or other evidence in support of the application, which shall be transmitted to the Medical Advisor for additional review and recommendation; or 2) - ---------..—request a-hear-ing-before-a-Hearing-Officer-within-sax-months-of-the-date-of-the-letter-informing-- the member that the Medical Advisor is unable to recommend granting the application. 3. HEARINGS BEFORE A HEARING OFFICER 3.1 Purpose. The purpose of this Section is to establish rules for the presentation of evidence to a Hearing Officer, and to establish rules governing the process by which Hearing Officers submit Proposed Findings of Fact and Recommended Decisions on legal and factual issues, including credibility, for consideration by the Board. 3.2 Right to Hearing. Upon timely written request, any party shall be entitled to a hearing on his or her application. The Board may also refer the matter for the setting of a hearing. The Board may hold a hearing itself, or it may delegate the matter to a Hearing Officer. If a Hearing Officer holds the hearing, he shall transmit to the Board, in writing, the Proposed Findings of Fact and Recommended Decision. 3.3 Discovery. Discovery shall be only as provided in Government Code section 11507.6, except that for good cause shown, the Hearing Officer, on his or her own motion or on the written noticed motion of a party, may make appropriate orders concerning discovery. Whenever possible, informal discovery and exchange of information between the parties is encouraged. 3.4 Subpoenas. Each party is.responsible for obtaining those subpoenas it seems necessary for the presentation of its evidence. Applications for subpoenas may be made to the Retirement Association. All subpoenas are to be.issued in accordance with Government Code section 31535. Issuance of a subpoena for medical witness' attendance at hearing or deposition shall be contingent on the requesting party accepting the obligation to pay the medical witness. Before the Board or Hearing Officer issues any subpoena, proof of payment arrangements for the medical witness may be required. Service of the subpoena is the responsibility of the requesting party. 3.5 Notice of Hearinq before Hearing Officer. After the applicant has requested a hearing, the Retirement Association shall notify applicant Within 30 days that the matter has been referred to counsel, and shall provide a copy of the hearing policy and regulations. Upon. notification by both parties that the matter is ready to proceed to hearing, the Retirement Association shall notify all parties of the date of the hearing and the name and address of the person or entity assigned to be the Hearing Officer. 3.6 Scheduling the Hearing The applicant and, if represented, his or her attorney and the counsel for the Retirement Association shall arrive at a mutually agreeable hearing.date. The.Retirement Association will arrange for a certified reporter and notify all parties of the date, time, and location of the hearing. If an applicant fails to respond to the Association's reasonable requests to set a hearing date, the Association may either set a hearing date or notify the applicant that continued failure to respond to requests to set a hearing date may result in dismissal of the application. 3.7 Submission of Proposed Evidence. The parties shall submit all proposed evidence to the Hearing Officer and to the other party no later than fourteen (14) days before the scheduled hearing date, unless the parties mutually agree to a different schedule. The parties will exchange information regarding proposed witnesses (if any) no later than seven days before the hearing, unless they mutually agree to a different schedule. 3.8 -Prehearing Conference. At the request of any party or on his or her motion, the Hearing Officer may order a prehearing conference for the purpose of resolving or clarifying disputed hearing issues or the admissibility of disputed evidence. 3.9 Hearing Brief. Either party may submit a hearing brief prior to the hearing. 3.10 Rules of Evidence. The hearing need not be conducted according to technical rules relating to 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 various 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: Hearsay evidence may be used for the purpose of supplementing, or explaining other evidence but shall not be sufficient in itself to support a finding unless it would be admissible 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. 3.11 Written Medical Reports as Evidence. A written medical report bearing the signature of a medical witness may be admissible in evidence as the author's direct testimony and may support findings .made by the Board or the Hearing Officer. Such medical reports shall not be inadmissible on the basis that they constitute hearsay, but each party shall have the right to cross-examine the authors of medical reports. Submission of a medical report less than 10 days before the hearing may be allowed by -- -- the-Hear-ing-Officer-uponr-a-s-howing--of-good-ca-use--T-he-party-requesting-submission-of-such--- a medical report shall make the request to the Hearing Officer assigned to the case and send a copy of the request to counsel for the Retirement Association and all other parties. The request shall state the reason the medical report was not timely produced. 3.12 Oral Testimonv of Medical Witnesses. Oral testimony of a medical witness may also be taken at hearing. However, whenever possible, the Retirement Association encourages the presentation of medical evidence by way of sworn written report. 3.13 Affidavits. At any time twenty (20) or more days prior to a hearing or a continued hearing, any party may mail or deliver to the opposing party a copy of any affidavit which he or she proposes to introduce at the hearing. Unless the opposing party, within ten days after such mailing or delivery, mails or delivers to the proponent a request to cross-examine an affiant, his or her right to cross-examine such affiant is waived and the affidavit, if introduced in evidence, shall be given the same effect as if the affiant had testified orally, if an opportunity to cross-examine an affiant is not afforded after request therefore is made as herein provided, the affidavit may be introduced in evidence, but shall be given only the same effect as other hearsay evidence. The notice referred to above shall be substantially in the following form: The accompanying affidavit of (here insert name of affrant) will be introduced as evidence at the hearing in (here insert title of proceeding). (here insert name of affiant) will not be called to testify orally and you will not be entitled to question him or her unless you notify (here insert name of proponent or his/her attorney) at (here insert address) that you wish to cross-examine him or her. To be effective your request must be mailed or delivered to (here insert name of proponent or his/her attorney) on or before (here insert a date ten days after the date of mailing or delivering the affidavit to the opposing party). 3.14 Continuances. The original hearing date may be continued by the Hearing Officer, at the request of either Party.Any continuance beyond sixty (60) days from the original hearing date must be agreed to by all parties and the Hearing Officer. If the hearing is scheduled before an Administrative Law Judge with the Office of Administrative Hearings, the party seeking the continuance will comply with any procedures required by the Office of Administrative Hearings. . 3.15 Time and Place of Hearing. The hearing will be set at a time and place determined by the Retirement Administration, and a Notice of Hearing with all pertinent information will be sent to all parties. The hearing or any proceeding with respect to the application may proceed in the absence of the member who, after due notice, fails to be present or obtain a continuance. A decision on the application shall not be based solely upon the absence of the Member. 3.16 Reporter. All hearings before a Hearing Officer shall be reported by a stenographic reporter, whose -------- presence will-be-ar-ranged-by the-Association.—T-he-per-diem-cost of the-reporter-shall-be-borne .by the Retirement Association. The cost of a transcript copy, including an e-version copy, ordered by Party shall be borne by the Party requesting the transcript. Requests for transcripts must be made directly to the stenographic reporter. 3.17 Issues at Hearing. At a hearing on the Completed Application, the Hearing Officer shall make findings and recommendations on the following issues, as applicable: a: Tier I or Safety Member: Whether the member is permanently incapacitated from performing the usual duties of his or her job, and if service connection is sought, whether the incapacity arose out of and in the course of his or her employment. If the application is not requesting service connection, then whether the member has completed five years.of service. b. Tier II or Tier III Member: Whether the applicant is permanently incapacitated from performing any "substantial gainful employment" (as defined in section 1.3 above) and either a) the member's incapacity is substantially caused by injury or disease arising out of his or her employment, orb) the member has completed a total of ten years of service. 3.18 Order of Business of Hearings. Unless the Hearing Officer otherwise rules, all hearings shall proceed in the following manner: a. The Hearing Officer shall call the case and ask for appearances by all parties. b. Relevant documents shall be marked for identification. c.- The parties may be offered an opportunity to make an oral opening argument or statements. d. The applicant shall present his or her evidence. e. The Retirement Association shall then present its evidence f. Rebuttal evidence may then be presented in the same order g. The Hearing Officer may allow oral and/or written argument. 3.19 Close of Record. The record of the proceedings shall be closed and the matter submitted at the conclusion of the formal hearing, unless further documentary evidence is to be received. If such further evidence is to be received, the Hearing Officer shall allow such-time as deemed necessary.for filing and serving copies on all parties. The matter shall be deemed submitted upon such final filing or upon rulings on any objections to the evidence thus filed. 3.20 Cost of Transcript. If ordered by the Retirement Associationor the Hearing Officer, Association's counsel, or the Retirement Board, the Association shall pay the cost of a hearing transcript. If ordered by the applicant or the applicant's attorney, applicant shall pay the cost of a transcript. The applicant or applicant's attorney, and the Retirement Administrator may agree-in-writing-to-split the-cost of-a-transcript when-both-parties-agree-to-the-preparation of a transcript. 4. DECISION 4.1 Hearing Officer's Proposed Findings of Fact and Recommended Decision. After the hearing is concluded and the record closed, the Hearing Officer will send a written report to the Board within 30 days, summarizing-the evidence, findings of fact, and making a recommendation to the Board. The Retirement Association shall serve all parties with the Hearing Officer's Proposed Findings of Fact and Recommended Decision. 4.2 Obiections to Hearing Officer's Proposed Findings of Fact and Recommended Decision. .Any party objecting to a Hearing Officer's Findings of Fact and Recommended Decision has ten days after service of the Findings of Fact and Recommended Decision to submit written objections to the Retirement Association, which will send copies of the objections to all parties and provide a courtesy copy to the Hearing Officer. The Association and any other parties may respond in writing to any objections. Any objections and the responses thereto shall be incorporated into the record to be considered by the Board. 4.3 Board Consideration and Action. The Board will consider. the Proposed Findings of Fact and Recommended Decision on a date noticed to all parties. Any party or his or her counsel may request the opportunity to make an oral presentation to the Board. No new evidence or witness testimony may be heard or received by the Board. The Board may: 1. Approve and adopt the proposed findings and recommendation of the Hearing Officer, or 2. Refer the matter back to the Hearing Officer.for further proceedings with or without instructions, or 3. Require a transcript or summary of all the testimony, plus all other evidence received by the Hearing Officer, and after receipt thereof, the Board shall take such action as it determines is warranted by the evidence, or. 4. Set the matter for hearing before itself. At such hearing, the Board shall hear and decide the matter as if it had not been referred to the Hearing Officer. ----4:4—Notice of-Dec-is-ion..- - --- -- — The Board shall give written notice of its decision to all parties and their. representatives within five days of the date of its decision. Such notice shall be by first class mail and shall include the decision and the date it was rendered. 4.5 Reconsideration after Board Action o'n Proposed Decision. No.later than seven calendar days after service of the Notice of Decision, a party may file with the Board a written motion for reconsideration based'on one of the'following reasons: 1. Irregularity in the proceedings, or any order, or abuse of ' disGretion, by which the party was prevented from having a fair hearing; 2. Accident or surprise; which reasonable diligence and prudence could not have guarded against;, 3. The availability of material evidence which, in the exercise of reasonable diligence, could not have been produced at the hearing; 4. Error of law. When a party's motion is for a cause mentioned. in paragraphs 1, 2, or 3 above, it must be made upon affidavit(s). The Board may on its own motion order reconsideration, but the order must be within seven calendar days of its original decision and on one or more of the causes listed above. If the Board does not rule on a party's motion for reconsideration by its next regular meeting, .it shall be deemed denied. When reconsideration is granted, it suspends the original decision, and the Board shall proceed as though the matter were still pending before it for original decision, but the decision on reconsideration becomes final when made. The Retirement Association shall promptly mail copies to all parties. 4.6 Finality of Decision. Except as otherwise provided in section 4.7 below entitled Judicial Review or section 4.5 entitled Reconsideration, action by this Board granting or denying in whole or in part any application for disability retirement shall be deemed to be final and conclusive with regard to any and all issues raised by the application which were either presented to .the Board or could have, with.the exercise of reasonable diligence, been presented. 4.7 Judicial Review. Notice of the right to judicial review of the Board's decision pursuant to Code of Civil Procedure section 1094.6, and the time limits for filing such review, shall accompany the written notice of the Board's decision. 4.8 Request for Preparation of Administrative Record. Any request for the preparation of the administrative record pursuant to Code of Civil Procedure § 1094.6 shall be made in writing and filed with the Retirement Association, -- — which-shall-,-within-ten-days-of-receiving-such--a-re-qu-est-notifythe requ-esting party-of-the estimated cost of preparing the record. The requesting party shall within ten days of receiving such notification, deposit with the Retirement Association an amount sufficient to cover the estimated cost. If the cost exceeds the amount deposited, the party shall pay the excess. If the amount deposited exceeds the cost, the difference shall be returned to the party. Upon receiving the required deposit, the Retirement Association shall promptly prepare the record, including the transcript of the proceedings, all pleadings, all notices and orders, the final decision, all admitted exhibits, all rejected exhibits in the possession of the Board, all written evidence, and any other papers in the case. REQUEST TO SPEAK FORM (3 Minute Limit) I wish to speak on Agenda Item #: C /071r Complete this,form and place it in the upright box near the Date: A speaker's podium, and wait to be called by the Chair. My commentill be: ® General Personal information is optional. This speaker's card will be incorporated into the public record of this meeting. ❑ For Name (YktNT):. L�V_ V?x El Against T'o ensure vour name is Trounced correctly,you may want to include its phonetic spelling ❑ peak onthe subject of: Address: / FO 17-7yi.>? City: /Y7v9/A i^/s✓�^�Z Phone: CI) I am speaking for: ❑ Myself ❑ I do not want to speak but would like to W Organization: CCC s'Q leave continents for the Board to consider (Use the back of thisform) Iuformation for-Speakers: In lieu of speaking, I wish to submit these comments: 1. Deposit this form into the upright box next to the speaker's podium before the Board's consideration of your item 2. Wait to be called by the chair. Please speak into the microphone at the podium. 3. Begin by stating your name and your city or area of residence, and whether you are speaking for yourself or on behalf of an organization. 4-. If you have handout materials, give thein to the Clerk. 5. Avoid repeating comments made by previous speakers. 6. Chair may limit the time allocated to speakers so that' 'all may be heard. REQUEST TO SPEAK FORM (3 Minute Limit) I wish to speak on Agenda Item#:C Complete this forth and place it in the upright box near the Date: speaker's podium,and wait to be called by the Chair. My con) will be: eneral Personal information is optional. This speaker's card will be rn inco►porated into the public record of 11 is heeling. ❑ For Name(PRINT): A ❑ Against To ensure voter name is annorenced corree[ly,you may want to include its phonetic spelling wish L)to speak on the subject of. Address: City: Phone: -Z.-��` f O(J I am speaking for: ❑ Myself 0/ Organization: P '�` tt��, ❑ I do not want to speak but would like to leave comments for the Board to consider (Use the back of this form) Infor1uatinn for Snealtet s: In lieu of speaking, I wish to submit these comments: 1. Deposit this form into the upright box next to the speaker's podium before the Board's consideration of your item 2. Wait to be called by the chair. Please speak into the microphone at the podium. 3. Begin by stating your name and your city or area of residence, and whether you are speaking for yourself or Oil behalf of an organization. 4. If you have Handout materials, give thein to the Clerk. 5. Avoid-repeating comments made by previous speakers. 6. The Chair may limit the time allocated to speakers so that all may be heard.