Notwithstanding any other provision of this article, the retirement of a member who has been granted or is entitled to sick leave or who is entitled to compensating time off for overtime, shall not become effective until the expiration of the sick leave with compensation and the expiration of the compensating time off with compensation, unless the member applies for or consents to his or her retirement as of an earlier date, or unless, with respect to sick leave, the provisions of a local ordinance or resolution or the rules or regulations of the employer provide to the contrary. This section shall also be applicable to a state member who participates in the annual leave program and who has been granted annual leave for the reasons applicable to sick leave.
Cal. Gov. Code § 21163
Disability Retirement
Known as the Public Employees’ Retirement Law
The act spans §§ 20000–21716 (1,037 sections).
Applied in 3 court decisions — leading case 149 Cal. App. 4th 1369 - Andersen v. Workers' Compensation Appeals Board (2007)
Most recently applied in 219 Cal. Rptr. 3d 838 - Jacobs v. Regents of the Univ. of Cal. (May 2017)
Added by Stats. 1995, Ch. 379, Sec. 2
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.