2007 California Government Code Article 5. Disability Retirement Benefits

CA Codes (gov:21404-21432)

21404.  Upon retirement for disability, a local miscellaneous member
who is not subject to Section 21427 and who has attained the minimum
age at which he or she may retire for service without an actuarial
discount because of age, shall receive his or her service retirement
allowance.


21405.  Upon retirement for nonindustrial disability, a local safety
member who has attained the minimum age at which he or she may
retire for service without an actuarial discount because of age,
shall receive his or her service retirement allowance.




21406.  Upon retirement of a patrol member for industrial disability
he or she shall receive a disability retirement allowance of 50 per
cent of his or her final compensation plus an annuity purchased with
his or her accumulated additional contributions, if any, or, if
qualified for service retirement, he or she shall receive his or her
service retirement allowance if the allowance, after deducting the
annuity, is greater.



21407.  Upon retirement of a state peace officer/firefighter member
or a local safety member subject to Section 21363, 21363.1, 21363.3,
or 21363.4 for industrial disability, the member shall receive a
disability allowance of 50 percent of his or her final compensation
plus an annuity purchased with his or her accumulated additional
contributions, if any, or, if qualified for service retirement, the
member shall receive his or her service retirement allowance if the
allowance, after deducting the annuity, is greater.



21408.  Upon the industrial disability retirement of a state
miscellaneous member subject to Section 21151, the disability
allowance shall be 50 percent of his or her final compensation plus
an annuity purchased with his or her accumulated additional
contributions, if any, or, if qualified for service retirement, he or
she shall receive his or her service retirement allowance, if the
allowance, after deducting the annuity, is greater.



21409.  Upon the industrial disability retirement of a state
miscellaneous member within Section 21151, or a state industrial
member whose service is subject to Section 21076, the disability
allowance shall be 50 percent of his or her final compensation plus
an annuity purchased with his or her accumulated additional
contribution, if any, or if qualified for service retirement, he or
she shall receive his or her service retirement allowance, if the
allowance, after deducting the annuity, is greater.



21410.  Notwithstanding Sections 21406, 21407, 21408, 21409, and
21411, any state member who becomes subject to Section 21159 on or
after January 1, 1993, and retires for industrial disability because
of incapacity for the performance of duties in any employment with
the state employer, as determined by the Department of Personnel
Administration, shall receive a disability retirement allowance of 60
percent of the member's final compensation plus an annuity purchased
with the member's accumulated additional contributions, if any, or,
if qualified for service retirement, the member shall receive the
service retirement allowance if the allowance, after deducting the
annuity, is greater.
   Benefits payable under this section are payable solely to state
members employed in state bargaining units subject to Section 21159.



21411.  Upon retirement of a state safety member for industrial
disability he or she shall receive a disability retirement allowance
of 50 percent of his or her final compensation plus an annuity
purchased with his or her accumulated additional contributions, if
any, or, if qualified for service retirement, he or she shall receive
his or her service retirement allowance if the allowance, after
deducting the annuity, is greater.



21412.  Upon retirement of a state industrial member for industrial
disability he or she shall receive a disability retirement allowance
of 50 percent of his or her final compensation plus an annuity
purchased with his or her accumulated additional contributions, if
any, or, if qualified for service retirement, he or she shall receive
his or her service retirement allowance if the allowance, after
deducting the annuity, is greater.



21413.  Upon retirement of a local safety member for industrial
disability he or she shall receive a disability retirement allowance
of 50 percent of his or her final compensation plus an annuity
purchased with his or her accumulated additional contributions, if
any, or, if qualified for service retirement, he or she shall receive
his or her service retirement allowance if the allowance, after
deducting the annuity, is greater.



21414.  Upon retirement of a local miscellaneous member for
industrial disability, he or she shall receive a disability allowance
of 50 percent of his or her final compensation plus an annuity
purchased with his or her accumulated additional contributions, if
any, or, if qualified for service retirement, he or she shall receive
his or her service retirement allowance if the allowance, after
deducting the annuity, is greater.



21415.  Notwithstanding any provision of this part to the contrary,
a retired state safety or state peace officer/firefighter member who,
before January 1, 1986, was eligible for an industrial disability
allowance and was living on or after December 30, 1989, but elected,
instead, for a nonindustrial disability allowance may elect for an
industrial disability retirement allowance.  A change in retirement
status pursuant to this section does not, in itself, constitute a
basis for a change in the optional settlement or the beneficiary
designation.  The industrial disability allowance shall be calculated
as if former Section 21293.5, as repealed by Chapter 557 of the
Statutes of 1985, was never enacted and in no event shall be in an
amount less than his or her nonindustrial disability allowance.
   The allowance elected pursuant to this section shall be paid only
on and after the effective date of the election and nothing in this
section shall be construed as providing for any increase in benefits
payable prior to the effective date of the election, or for any claim
for the increase.  The effective date of an election shall be no
earlier than the first day of the month following the month in which
the election is received by the board.
   Any state safety member who applies for an election pursuant to
this section shall have the burden of proving that he or she was, by
competent medical evidence, industrially disabled at retirement and
the duties of his or her job at retirement.
   The board has no duty to identify, locate, or notify any annuitant
who may be eligible for the benefits provided by this section.



21416.  Notwithstanding any provision of this part, a state safety
member employed by the Department of Corrections or the Department of
the Youth Authority with 25 years or more of service credit as such,
shall, upon retirement on or after January 1, 1982, for industrial
disability, receive the disability allowance provided for in Section
21411 or a disability allowance equal to 1/50 th of final
compensation multiplied by the number of years of state safety member
service in the Department of Corrections or the Department of the
Youth Authority with which the member is credited at retirement.
   This section shall not become operative for any eligible member,
until it is first agreed to in a memorandum of understanding reached
between the state and the exclusive representatives of the employees
in State Bargaining Unit No. 6 pursuant to Chapter 10.3 (commencing
with Section 3512) of Division 4 of Title 1, and approved by the
Legislature pursuant to law.
   Payment of benefits pursuant to this section for any eligible
member shall be retroactive to the effective date of the retirement
of the member.



21418.  The disability retirement allowance for a patrol, state
safety, state peace officer/firefighter, state industrial, or local
safety member retired because of industrial disability shall be
derived from his or her accumulated normal contributions and the
contributions of his or her employer.



21419.  This system shall deduct the amount of advanced disability
pension payments made to a local safety member pursuant to Section
4850.3 or 4850.4 of the Labor Code from the member's retroactive
disability allowance, and reimburse the local agency that has made
the advanced disability pension payments.  If the retroactive
disability allowance is not sufficient to reimburse the total
advanced disability pension payments, an amount no greater than 10
percent of the member's monthly disability allowance shall be
deducted and reimbursed to the local agency until the total advanced
disability pension payments have been repaid.  The local safety
member and this system may agree to any other arrangement or schedule
for the member to repay the advanced disability pension payments.



21419.5.  The system shall deduct the amount of interim disability
allowance made to a state member pursuant to subdivision (i) of
Section 19253.5 from the member's retroactive disability allowance,
and reimburse the state agency that has made the interim disability
allowance payments.  If the retirement disability allowance is not
sufficient to reimburse the total interim disability allowance
payments, an amount no greater than 10 percent of the member's
monthly disability allowance shall be deducted and reimbursed to the
state agency until the total interim disability allowance payments
have been repaid.  The state member and this system may agree to any
other arrangements or schedule for the member to repay the interim
disability allowance payments.  If the disability application is
denied, the system shall not be responsible for reimbursing the
amount of interim disability allowance paid to the member by the
state agency.


21420.  If a member retired for industrial disability has made
contributions in respect to service rendered in a category of
membership other than the category in which he or she was at the time
he or she suffered the disability or incurred the disease causing
his or her retirement for industrial disability, in addition to the
disability retirement allowance to which he or she is otherwise
entitled under this article, he or she shall receive an annuity
purchased with his or her accumulated normal contributions made in
respect to service rendered in the other category of membership.



21422.  Every member retired for disability for whom a different
disability retirement allowance is not prescribed by any other
provision of this article, including a member who is entitled to an
industrial disability retirement allowance if the disability is
industrial but who retires for nonindustrial disability shall receive
a disability retirement allowance which shall consist of:
   (a) An annuity that is the actuarial equivalent of his or her
accumulated contributions at the time of retirement; and
   (b) If, in the opinion of the board, his or her disability is not
due to intemperance, willful misconduct or violation of law on his or
her part, a disability retirement pension derived from the
contributions of the employer.



21423.  The disability retirement pension, other than an industrial
disability retirement pension, for a member, other than a member who
is subject to Section 21424 or 21427, shall be such an amount as with
that portion of his or her annuity provided by his or her
accumulated normal contributions, shall make his or her disability
retirement allowance equal to one of the following:
   (a) Ninety percent of one-fiftieth of his or her final
compensation multiplied by the number of years of service credited to
him or her.
   (b) If the disability retirement allowance computed under
subdivision (a) does not exceed one-third of his or her final
compensation, 90 percent of one-fiftieth of his or her final
compensation multiplied by the number of years of service that would
be creditable to him or her if his or her service were to continue
until attainment by him or her of the age of 60 years, but in that
case the retirement allowance shall not exceed one-third of final
compensation.
   This subdivision is not applicable to members who are not
entitled, at the time of retirement, to be credited with at least 10
years of state service.
   (c) If qualified for service retirement, the member shall receive
his or her service retirement allowance if that allowance is greater
than the disability retirement allowance provided by this section.



21424.  The nonindustrial disability retirement pension for state
miscellaneous or state industrial service subject to Section 21076
shall be one of the following:
   (a) Ninety percent of the factor applicable at the age of 65 years
as set forth in Section 21076 multiplied by final compensation,
multiplied by the number of years of service credited to him or her.

   (b) If the nonindustrial disability retirement allowance computed
under subdivision (a) does not exceed one-third of his or her final
compensation, 90 percent of the benefit that would be payable to the
member had the member continued in employment until the age of 65
years, but in that case the retirement allowance may not exceed
one-third of the final compensation.  This subdivision is not
applicable to members who have not been credited, at the time of
retirement, with at least 10 years of state service.
   (c) If the nonindustrial disability retirement allowance is
derived from this section and Section 21423, and would otherwise
exceed the maximums provided by these sections, the pension payable
with respect to each section shall be reduced in the same proportion
as the allowance bears to the total allowance computed as if there
were no limit, so that the total of the pensions shall equal the
maximum allowed.
   (d) If qualified for service retirement, the member shall receive
his or her service retirement allowance if that allowance is greater
than the nonindustrial disability retirement allowance provided by
this section.



21426.  In no event shall the disability retirement pension under
Sections 21422 and 21423 be more than sufficient to make the
disability retirement allowance, exclusive of any annuity provided by
accumulated additional contributions, exceed the service retirement
allowance, exclusive of any annuity purchased by accumulated
additional contributions, receivable by the member should he or she
retire at age 60.



21427.  The disability retirement allowance of a local miscellaneous
and local safety member whose effective date of retirement for
nonindustrial disability is after June 14, 1975, and whose last
employment preceding retirement was with an employer subject to this
section shall be increased by an amount that, when added to the
disability retirement allowance otherwise payable under this part
will make his or her disability retirement allowance, exclusive of
the annuity payable from accumulated additional contributions, equal
to 30 percent of final compensation if he or she has five years of
service plus 1 percent of final compensation for each year of service
in excess of five years to a maximum of 50 percent of final
compensation.
   In no event shall the disability retirement pension be more than
sufficient to make the disability allowance equal the service
retirement allowance, exclusive of any annuity purchased by
accumulated additional contributions, receivable by the member were
he or she to continue in service and retire at age 60.
   The added amount payable under this section shall be a liability
solely of employers subject to this section.  In the case of a member
who has service with more than one employer, the liability for the
disability retirement pension provided by this section shall be
apportioned on the basis of the member's service to any employers who
have elected to be subject to this section.
   This section shall not apply to any contracting agency nor to the
employees of any contracting agency unless and until the agency
elects to be subject to the provisions of this section by amendments
to its contract made in the manner prescribed for approval of
contracts, except that an election among the employees is not
required, or, in the case of contracts made after June 14, 1975, by
express provision in the contract making the contracting agency
subject to the provisions of this section.
   This section shall only apply to members who retire for disability
on and after the date the agency elects to be subject to this
section.



21428.  Upon retirement of a local safety member or a local
miscellaneous member for industrial disability, if the member is
totally disabled he or she shall receive in lieu of the allowance
otherwise provided by this article a disability retirement allowance
equal to 75 percent of his or her final compensation plus an annuity
purchased with his or her accumulated additional contributions, if
any.
   For purposes of this section, "totally disabled" means inability
to perform substantial gainful employment and the presumptions
contained in Section 4662 of the Labor Code shall also be applied to
the determination of total disability.
   This section shall not apply to any contracting agency nor to the
employees of any contracting agency unless and until the agency
elects to be subject to the provisions of this section by amendment
to its contract made in the manner prescribed for approval of
contracts, or in the case of contracts made after January 1, 1974, by
express provision in the contract making the contracting agency
subject to the provisions of this section.



21428.1.  (a) Upon retirement of a patrol member for industrial
disability as the result of a single event that results in serious
bodily injury, the member shall receive the higher of the allowance
provided by Section 21406, or, the disability allowance otherwise
provided pursuant to this section equal to 3 percent of his or her
final compensation multiplied by the number of years of patrol
service credited to him or her plus an annuity purchased with his or
her accumulated additional contributions, if any. This section shall
not apply to a disability that manifests more than six months after
the effective date for the industrial disability retirement. This
section does not entitle the member to an industrial disability
retirement if the member would not otherwise be eligible for an
industrial disability retirement.
   (b) This section shall apply only to serious bodily injuries, and
shall not be applied to disabilities that are the result of any of
the following:
   (1) Cumulative trauma.
   (2) Cumulative injuries, including, but not limited to, heart
conditions, stroke, stress, anxiety, or diabetes.
   (3) Presumptive injuries or illnesses as described in Chapter 1
(commencing with Section 3200) of Part 1 of Division 4 of the Labor
Code.
   (4) Stress-related disabilities.
   (5) Physical disability having mental origin.
   (c) If a patrol member has other service credit as a state peace
officer/firefighter member, state safety member, local safety member,
state miscellaneous, state industrial, or local miscellaneous member
under this system, the cumulative benefit pursuant to this section,
including an annuity purchased with his or her accumulated
contributions, shall not exceed 90 percent of final compensation.
   (d) For purposes of this section, "serious bodily injury" includes
any of the following:
   (1) Total loss of sight in one or both eyes.
   (2) Total loss of hearing in both ears.
   (3) Amputation or total loss of function in a hand, arm, foot, or
leg.
   (4) A spinal cord injury resulting in paralysis which causes the
complete loss of function in a hand, arm, foot, or leg.
   (5) Physical injury to the brain resulting in serious cognitive
disorders or paralysis which causes the complete loss of function in
a hand, arm, foot, or leg.
   (6) Injury to a major internal organ which substantially limits
one or more "major life activities." Major life activities are
functions such as caring for oneself, performing manual tasks,
walking, seeing, hearing, breathing, learning, and performing
substantial gainful employment.
   (7) Any other serious physical injury that results in the
inability to perform substantial gainful employment.
   (e) This section applies only to those patrol members who are
described by at least one of the following:
   (1) Employed in a state bargaining unit for which a memorandum of
understanding has been agreed to by the state employer and the
recognized employee organization to become subject to this section.
   (2) Excluded from the definition of state employee in subdivision
(c) of Section 3513.
   (3) Employed by the executive branch of government and not a
member of the civil service.
   (f) In the event of a dispute regarding the applicability of this
section, the board shall proceed with retirement pursuant to any
other section that may apply and with the payment of any benefits
that are payable pursuant to any other section when this section is
not applicable. If the board subsequently determines that this
section is applicable, an amount equal to the benefits paid shall be
deducted from the benefits payable pursuant to this section because
of the determination.



21430.  Upon retirement of a local safety member for industrial
disability, the member shall receive in lieu of the allowance
otherwise provided by this article a disability retirement allowance
in the amount of the percentage of final compensation equal to the
percentage of permanent disability determined by the Workers'
Compensation Appeals Board for the purposes of permanent disability
payments pursuant to Article 3 (commencing with Section 4650) of
Chapter 2 of Part 2 of the Labor Code with respect solely to the
injury resulting in the disability retirement and giving effect to
Section 4750 of the Labor Code, but not less than 50 percent nor in
excess of 90 percent of the member's final compensation.
   This section shall not apply to any contracting agency nor to the
employees of any contracting agency unless and until the agency
elects to be subject to the provisions of this section by amendment
to its contract made in the manner prescribed for approval of
contracts, or in the case of contracts made after June 14, 1975, by
express provision in such contract making the contracting agency
subject to the provisions of this section.
   This section shall only apply to members who retire for disability
on and after the date the agency elects to be subject to this
section.



21432.  If, prior to attaining the minimum age for voluntary
retirement for service applicable to members of his or her class, a
recipient of a disability retirement allowance, other than one for
industrial disability, engages in a gainful occupation not in state
service, the board shall reduce his or her monthly disability
retirement pension to an amount that, when added to the compensation
earned monthly by him or her, shall not exceed the amount of the
maximum compensation earnable by a person holding the position that
he or she held at the time of his or her retirement, or if that
position has been abolished, the maximum compensation earnable by a
person holding it immediately prior to its abolition.
   If his or her earnings are further altered, the board may further
alter his or her disability retirement pension to the lower of the
following amounts:
   (a) The amount of the disability retirement pension upon which he
or she was originally retired.
   (b) An amount that, when added to the compensation earned by him
or her shall equal the amount of the maximum compensation earnable by
a person holding the position that he or she held at the time of his
or her retirement, or, if that position has been abolished, the
maximum compensation earnable by a person holding it immediately
prior to its abolition.
   The recipient of a disability allowance shall furnish earnings
information as requested by the board to administer this section.  If
the recipient fails to furnish requested information, the disability
retirement pension shall be discontinued until such time as the
requested information is furnished.  If the requested information is
furnished, the disability retirement pension shall be reinstated.
   When he or she reaches the minimum age for voluntary retirement
for service applicable to members of his or her class his or her
retirement allowance shall be made equal to the amount it would be if
not reduced under this section, and shall not again be modified for
any cause.