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Cal. Gov. Code § 31720

Disability Retirement

Applied in 14 court decisions — leading case 39 Cal. 3d 374 - Hittle v. Santa Barbara County Employees Retirement Ass'n (1985)

Most recently applied in 2 Cal. 5th 630 - Flethez v. San Bernardino Co. Employees Retirement Assn. (March 2017)

Amended by Stats. 1980, Ch. 240.

How often courts cite this section

1980199020002010201720
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Any member permanently incapacitated for the performance of duty shall be retired for disability regardless of age if, and only if:

(a) The member’s incapacity is a result of injury or disease arising out of and in the course of the member’s employment, and such employment contributes substantially to such incapacity, or

(b) The member has completed five years of service, and

(c) The member has not waived retirement in respect to the particular incapacity or aggravation thereof as provided by Section 31009.

The amendments to this section enacted during the 1979–80 Regular Session of the Legislature shall be applicable to all applicants for disability retirement on or after the effective date of such amendments.

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