SDCERS’ Special Durable Power of Attorney

Disclaimer: The information and form provided on this page are for general informational purposes only and are not intended to constitute legal advice. SDCERS does not provide legal advice or legal services. If you have questions about your legal rights, the suitability of a durable power of attorney for your circumstances, or need legal guidance, you should consult with a qualified attorney or other legal professional.

A Power of Attorney allows you to designate another person, called your “Attorney-in-Fact,” who may legally act on your behalf in certain ways. SDCERS staff will not discuss or make changes to your account with someone other than you unless we have a legally valid Power of Attorney allowing us to do so.

Your Power of Attorney must be notarized or, for SDCERS’ Special Durable Power of Attorney form, signed by two adult witnesses. Please also note that we cannot process your Power of Attorney without a copy of your Attorney-in-Fact’s driver’s license or other government-issued ID card. 

You can find more information about power of attorney documents in California Probate Code §§4401 et. seq. SDCERS will accept a Power of Attorney as long as it specifies what choices your designated Attorney-in-Fact may make regarding your SDCERS account and conforms to the California Probate Code.

Importance of SDCERS’ Special Durable Power of Attorney

SDCERS’ Special Durable Power of Attorney form is specific to your SDCERS benefits. You may already have a Power of Attorney, but the language may not apply to your SDCERS account. We may accept a non-SDCERS Power of Attorney, but we’ll need to review it to make sure it can be used for SDCERS business. Note that if your non-SDCERS Power of Attorney does not have a durability clause, we cannot honor it if you become incapacitated. Also, note that all Powers of Attorney are void after your death.It can take a few weeks for SDCERS staff to process your Power of Attorney. Once your Power of Attorney has been processed, we will mail a letter notifying you.

SDCERS’ Special Durable Power of Attorney Form

By executing this Special Durable Power of Attorney, you may choose to give your Attorney-in-Fact the authority to make certain decisions on your behalf, including:

• Submitting a retirement application;
• Selecting a retirement payment option;
• Applying for a disability retirement;
• Updating direct deposit, tax withholding, and/or contact information;
• Changing beneficiary designations; and
• Accessing private information and documents related to your SDCERS account.

Note that this SDCERS Power of Attorney may not be used for anything other than your SDCERS account.

It typically takes 6-8 weeks for SDCERS staff to process your Power of Attorney. If you have urgent circumstances, please contact us after sending your Power of Attorney to request expedited processing. Once your Power of Attorney has been processed, we will mail a letter notifying you it has been accepted and added to your file.

You can send your completed Power of Attorney to SDCERS via mail, email, or fax:

MAIL: 
SDCERS Legal Division
401 West A Street, Suite 800
San Diego, CA 92101

EMAIL: KPena@sdcers.gov

FAX: (619) 595-0513

Once your Power of Attorney has been accepted, you can withdraw it at any time – it just has to be done in writing (i.e., mail, email, or fax.) Note that providing SDCERS with a new Power of Attorney does not automatically revoke the previous Power of Attorney on file.

If you have any questions, please email our Paralegal, Kathryn Pena, at the email address above, or call our Legal Division directly at (619) 822-1753.