3136

COUNTY LOCAL LAWS

SECTION 8. Section 67(h) , title "Administrative
disability retirement" is hereby amended as follows:

(h) Administrative disability retirement..
Whenever any member not having reached his normal
retirement date becomes disabled or incapacitated so
that he is demonstratively not capable of performing
the duties and responsibilities of his position at an
"acceptable level of competence" for medical reasons,
he shall be notified by the head of his principal
department, office or agency that in consideration of
his medical condition he should initiate a disability
retirement application. Before notifying the
employee, the principal department, office or agency
head shall consult and obtain the recommendation of
each of the member's supervisors, review the
recommendations of the Employee medical Examiner, and
afford the member the opportunity to voluntarily
initiate a disability retirement application. If the
employee fails or refuses to make application for
disability retirement or early retirement if
qualified, the employee's principal department office
or agency head may initiate a disability retirement
application on his behalf for the type of disability
retirement that the member appears to be eligible to
receive. Before final action may be taken on a
disability retirement application initiated by a
principal department office or agency head all
pertinent information, including the employee's
attendance record, his job performance record and his
medical record, including the opinion of the medical
examiner, and all other pertinent information must be
transmitted to the Retirement Hearing Board. The
decision of the department head or administrative head
of a participating agency may be appealed by the
member to the Retirement Hearing Board who shall make
a determination as to whether or not the employee in
fact qualifies for disability retirement. The
recommendation of the Retirement Hearing Board may be
appealed to the County Personnel Board before the
County Personnel Board takes final action thereon.
Appeal procedures provided in the Personnel
Regulations shall be followed in making and handling
such appeals. This type of retirement shall not
become effective, in the event the employee does not
appeal, without action of the Retirement Hearing Board
and the County Personnel Board whose decision shall be
final. {See Section 94-62 (h), title "Administrative
retirement for cause on or after normal retirement
date.")