If you have filed for a disability but are able to perform other duties within any applicable medical restrictions, you may accept an alternate work position within the County while your disability application is pending. (Cal. Gov. Code §§ 31725.5, 31725.65). If you are then granted a disability retirement, you would be eligible to continue your tenure in the alternate position while receiving a supplemental disability allowance. If the salary in your alternate work position is less than the salary of the position from which you were disabled, KCERA will compensate you for the difference by paying you a supplemental disability allowance while you continue to work. If at any time your alternate position pays you more than you would have received from your previous position, the supplemental allowance will cease. Likewise, the amount of the payments shall not be greater than the disability retirement allowance to which you would otherwise be entitled. Once you service retire, you will receive the disability retirement you were granted.

Will accepting an alternate work position affect my ability to file for disability retirement?

Depending on timing, it could. To apply for a disability retirement, you must file your disability application with KCERA while you are still in the position from which you are claiming to be permanently incapacitated. If you intend to accept an alternate work position, your disability application must have been on file and accepted as filed by KCERA prior to any formal change in your job classification.

Will accepting an alternate work position negatively affect my pending disability retirement application?

No. However, you must stay within any applicable medical restrictions.

If I file a disability retirement application and accept an alternate work position, will I get paid the supplemental allowance while my disability application is pending?

No. The supplemental disability allowance is only paid after the Board of Retirement has granted your disability application and you are able to work in an alternate position.

What is the benefit of choosing to accept an alternate work position while my disability application is pending?

You can continue to receive a paycheck, retain your health insurance, and continue to receive retirement service credit if you accept an alternate work position.

Do I have to quit the alternate work position once my disability application has been approved or denied?

No. If you are granted a disability retirement, you can choose to continue working in the  alternate work position and KCERA will begin paying you the supplemental disability allowance. When you are ready to service retire, the supplemental allowance will cease and you will begin receiving your disability retirement.

If you are denied a disability retirement, you can choose to continue working in the alternate position or, if eligible, you can elect a regular service retirement. However, if you are denied a disability retirement, KCERA would not pay you a supplemental disability allowance.

How soon would I begin receiving the supplemental allowance once my disability application has been granted? 

After being granted, KCERA staff will need to calculate and process the benefit, striving to have the retroactive payment to you within 6-8 weeks.

Are the supplemental payments paid biweekly or monthly?

Payments are directly deposited into your bank account once a month, always on the last business day of the month.

Will I have to pay retirement contributions on the supplemental payment?

Yes. Contributions will be deducted from your supplemental disability allowance, using your original entry age and/or flat rate, as applicable. If you are a safety member who accepted alternate work in a non-safety position, your contributions will continue to be based on the safety tier you were originally subject to.

Do I pay taxes on the supplemental payment from KCERA?

The type of disability you were granted—service-connected disability (SCD), which is 50% non-taxable or non-service-connected disability (NSCD), which is fully taxable—will  determine whether your supplemental disability allowance would be subject to taxes or not. Internal Revenue Code §§ 61(a), 104(a)(1), Treasury Regulation 1.104-1(b).

What if my original position’s salary increases?

On an annual basis, KCERA staff monitor the records for members receiving supplemental disability allowances for any type of pay increases. Cal. Gov. Code §§ 31725.5,  31725.65(d). Therefore, if the salary in either position increases or you receive an increase due to a milestone in your longevity, KCERA staff will make the necessary adjustments  (i.e., adjusting your supplemental disability allowance, either up or down). KCERA will not make assumptions for promotions, milestones, etc.

What happens to my current vacation/sick leave and other accrued leave balances?

You will need to contact your employer to confirm their practice. It is KCERA’s understanding that you will retain all accrued leave balances earned in your original position  once you begin an alternate work position.

What about collective bargaining representation?

For information on union representation while in an alternate work position, please speak with your shop steward or local union representative.  

Will I keep my safety status if my alternate work position is non-safety?

If you are a safety member accepting an alternate work position in a non-safety  classification (aka general classification), you will be considered non-safety/general member while your disability application is pending.

If you are granted an SCD, you will then be recognized as a safety member for purposes of retirement. This means your retirement contributions in the alternate work position would be calculated at a safety rate, you would vote for a safety member in the Board of Retirement elections and, when you service retire from your non-safety/general position, all years of service accrued in the alternate position will be converted to safety service and your retirement allowance will be calculated under the safety retirement benefit formula. (Cal Gov. Code § 31725.65(f)).

If you are granted an NSCD, you will remain as a non-safety/general member. Your retirement contributions in the alternate work position would be calculated at a general rate, you would vote for a general member in the Board of Retirement elections and, when you service retire from your non-safety/general position, the service accrued in the alternate position would be calculated under the general retirement benefit formula. Your years of service in the safety position will be calculated under the safety retirement benefit formula.

How is my disability retirement pension calculated once I’m ready to retire from my alternate work position?

Your years of service in the alternate work position will be included in your total years of retirement service credit. For purposes of calculating your retirement benefit, KCERA will include both your pensionable pay and the supplemental allowance. KCERA will base your disability retirement benefit on your highest 12 consecutive months (or 36 consecutive months for PEPRA members) of pensionable pay earned during your career.

If I pass away while working in the alternate work position, will my spouse be eligible for the lifetime continuance?

There are statutory requirements all surviving spouses must meet to be eligible for a lifetime continuance. Those requirements are the same regardless of whether a member assumes an alternate work position or not. A surviving spouse who meets the legal requirements under the CERL to receive a continuance, would be eligible for a monthly lifetime benefit. Depending on whether you were granted an SCD or NSCD retirement will determine the percentage of your benefit he/she would receive.

For more information on supplemental disability allowances, disability retirement, and/or eligibility requirements, please contact the KCERA office at (661) 381-7700 or by email at memberservices@kcera.org.