McGriff

In an uncontested proceeding, the Civil Service Commission of the County of Los Angeles terminated the employment of Gladys McGriff, who held a position in the county civil service as a business machine operator in the accounting department of the department of public social services. On October 15, 1969, she was released due to her medical incapacity, pursuant to rule 10.07(c) of the County of Los Angeles Civil Service Commission.

“Whenever, upon re-evaluation, an employee who has previously qualified is found to be unable to perform the duties of his position satisfactorily, due to a medical incapacity of a continuing nature . . . (c) If there is no suitable position in which the employee can perform satisfactorily, the appointing authority may release the employee, subject to the applicable provisions of Rule 19, said release to be without prejudice as to reemployment should his condition improve.”

Respondent then applied to the Board of Retirement of the Los Angeles County Employees Retirement Association (Retirement Board) for a disability retirement pursuant to section 31720 et seq. of the Government Code. After a fully, contested hearing, the Retirement Board…