Section 31009 Of Part 1. General From California Government Code >> Division 4. >> Title 3. >> Part 1.
31009
. Prior to January 1, 1981, an applicant for employment who
does not meet the physical standards established for his employment
because of a physical impairment existing on the date of his
employment may be required by the county as a condition to such
employment to execute a waiver of any and all rights to a disability
retirement under the County Employees Retirement Law of 1937 arising
as a result of such impairment or any aggravation thereof while in
county service. The county shall provide the applicant with written
notice of the rights and benefits which such applicant is being
required to waive. The applicant shall give written acknowledgement
of the receipt of such notice.
No earlier than two years after employment an employee who has
waived rights pursuant to this section may apply to the retirement
board to review such waiver to determine if it shall remain in force.
The employee shall submit a physician's report concerning the
condition for which such a waiver was required with such request for
review. The retirement board may require, at county expense, an
examination of such employee by a physician of such board's choosing.
The retirement board, following a hearing, may release such employee
from all or part of a waiver given pursuant to this section. An
employee may not require such a review more often than every two
years, although such board in its sole discretion may allow a review
at more frequent intervals.