(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.
(Amended (as added by Stats. 2002, Ch. 189) by Stats. 2002, Ch. 877, Sec. 3. Effective January 1, 2003.)