SECTIONS 23400-23404 - California Statutes

EDUCATION CODE

SECTION 23400-23404

23400. (a) If, prior to attaining the age of 55 years, a person who
is entitled to receive a retirement allowance because of his or her
retirement for disability prior to July 1, 1972, engages in a gainful
occupation, the board shall reduce the portion of his or her monthly
retirement allowance that is not provided by his or her accumulated
contributions, to an amount, which when added to the compensation
earned monthly by him or her, does not exceed the amount of the
compensation that would be earnable by a person holding the same or
an equal position as or to that which he or she held at the time of
his or her retirement, and in the same salary step or rating, or if
no such position then exists, the compensation earnable immediately
prior to its abolition.
(b) If his or her earnings are further altered, the board shall
further alter that portion of his or her retirement allowance to the
lower of the following amounts:
(1) The amount of that portion of his or her retirement allowance
as it would be if not reduced under this section.
(2) An amount that, when added to the compensation earned by him
or her, equals the amount of the compensation that would be earnable
by a person holding the same or an equal position as or to that which
he or she held at the time of his or her retirement, and in the same
salary step or rating, or if no such position then exists, the
compensation earnable immediately prior to its abolition.
(c) For purposes of this section, the retirement allowance subject
to adjustment is the unmodified allowance irrespective of the option
elected.
(d) When he or she attains the age of 55 years, his or her
retirement allowance shall be made equal to the amount it would be if
not reduced under this section, and may not again be modified under
this section. Section 24015 does not apply to those persons affected
by this section.

23401. The board may require any member who retired for disability,
prior to July 1, 1972, and who has not attained 58 years of age, to
undergo a medical examination. If the examination, together with
other available information, shows to the satisfaction of the board
that the member is no longer disabled, the retirement allowance shall
be terminated. Should any member retired for disability refuse to
submit to medical examination, as provided in this section, the
disability retirement allowance shall be terminated and all rights of
the member in the disability retirement allowance shall be revoked.

23402. Benefits payable on account of deaths that occurred prior to
July 1, 1972, and provided under former Section 14193, as it read
prior to July 1, 1972, shall be continued. Former Sections 14195 and
14196 as they read prior to that date shall continue to apply to
these payments.

23403. Survivor benefits payable on account of deaths that occurred
prior to July 1, 1972, shall be continued in the amounts and under
the conditions stated in former Sections 14186 and 14189, as they
read prior to July 1, 1972.

23404. Upon termination of the retirement allowance that began to
accrue prior to July 1, 1972, the member's individual account shall
be credited with amounts that are the actuarial equivalents at that
time, as based on the disabled life, where retirement had been for
disability, or on the active life where the retirement had been for
service of the allowance and annuities being paid from accumulated
retirement contributions, accumulated annuity deposit contributions,
or accumulated tax-sheltered annuity contributions. These credited
amounts shall not exceed the amount of his or her accumulated
contributions as they were in those accounts at the date of
retirement.