Section 4850.4 Of Article 7. City Police And Firemen, Sheriffs, And Others From California Labor Code >> Division 4. >> Part 2. >> Chapter 2. >> Article 7.
4850.4
. (a) A city, county, special district, or harbor district
that is a member of the Public Employees' Retirement System, is
subject to the County Employees Retirement Law of 1937, or is subject
to the Los Angeles City Employees' Retirement Systems, shall make
advanced disability pension payments in accordance with Section
4850.3 unless any of the following is applicable:
(1) After an examination of the employee by a physician, the
physician determines that there is no discernable injury to, or
illness of, the employee.
(2) The employee was incontrovertibly outside the course of his or
her employment duties when the injury occurred.
(3) There is proof of fraud associated with the filing of the
employee's claim.
(b) Any employer described in subdivision (a) who is required to
make advanced disability pension payments, shall make the payments
commencing no later than 30 days from the date of issuance of the
last disbursed of the following:
(1) The employee's last regular payment of wages or salary.
(2) The employee's last payment of benefits under Section 4850.
(3) The employee's last payment for sick leave.
(c) The advanced disability payments shall continue until the
claimant is approved or disapproved for a disability allowance
pursuant to final adjudication as provided by law.
(d) An employer described in subdivision (a) shall be required to
make advanced disability pension payments only if the employee does
all of the following:
(1) Files an application for disability retirement at least 60
days prior to the payment of benefits pursuant to subdivision (a).
(2) Fully cooperates in providing the employer with medical
information and in attending all statutorily required medical
examinations and evaluations set by the employer.
(3) Fully cooperates with the evaluation process established by
the retirement plan.
(e) The 30-day period for the commencement of payments pursuant to
subdivision (b) shall be tolled by whatever period of time is
directly related to the employee's failure to comply with the
provisions of subdivision (d).
(f) After final adjudication, if an employee's disability
application is denied, the local agency and the employee shall
arrange for the employee to repay any advanced disability pension
payments received by the employee pursuant to this subdivision. The
repayment plan shall take into account the employee's ability to
repay the advanced disability payments received. Absent an agreement
on repayment, the matter shall be submitted for a local agency
administrative appeals remedy that includes an independent level of
resolution to determine a reasonable repayment plan. If repayment is
not made according to the repayment plan, the local agency may take
reasonable steps, including litigation, to recover the payments
advanced.