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Cal. Gov. Code § 21400

Disability Retirement Benefits

Redline — January 1, 2013 → current.View current text →
Current — January 1, 2023
As of January 1, 2013
A safety member who retires on or after January 1, 2013, for industrial disability shall receive a disability retirement benefit equal to the greater of the following:
(a) Fifty percent of the member’s final compensation, plus an annuity purchased with their accumulated additional contributions, if any.
(b) A service retirement allowance, if the member is qualified for service retirement.
(a) A safety member who retires on or after January 1, 2013, for industrial disability shall receive a disability retirement benefit equal to the greater of the following: (1) Fifty percent of his or her final compensation, plus an annuity purchased with his or her accumulated additional contributions, if any. (2) A service retirement allowance, if he or she is qualified for service retirement. (3) An actuarially reduced factor, as determined by the actuary, for each quarter year that his or her service age is less than 50 years, multiplied by the number of years of safety service subject to the applicable formula, if he or she is not qualified for service retirement. (4) Nothing in this section shall require a member to receive a lower benefit than he or she would have received prior to January 1, 2013, as the law provided prior to that date.
(c) An actuarially reduced factor, as determined by the actuary, for each quarter year that the member’s service age is less than 50 years, multiplied by the number of years of safety service subject to the applicable formula, if the member is not qualified for service retirement.
(b) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
(d) Nothing in this section shall require a member to receive a lower benefit than the member would have received prior to January 1, 2013, as the law provided prior to that date.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.