SECTIONS 21150-21176 - California Statutes

GOVERNMENT CODE

SECTION 21150-21176

21150. (a) A member incapacitated for the performance of duty shall
be retired for disability pursuant to this chapter if he or she is
credited with five years of state service, regardless of age, unless
the person has elected to become subject to Section 21076 or 21077.
(b) A member subject to Section 21076 or 21077 who becomes
incapacitated for the performance of duty shall be retired for
disability pursuant to this chapter if he or she is credited with 10
years of state service, regardless of age, except that a member may
retire for disability if he or she had five years of state service
prior to January 1, 1985.
(c) For purposes of this section, "state service" includes service
to the state for which the member, pursuant to Section 20281.5, did
not receive credit.

21151. (a) Any patrol, state safety, state industrial, state peace
officer/firefighter, or local safety member incapacitated for the
performance of duty as the result of an industrial disability shall
be retired for disability, pursuant to this chapter, regardless of
age or amount of service.
(b) This section also applies to local miscellaneous members if
the contracting agency employing those members elects to be subject
to this section by amendment to its contract.
(c) This section also applies to all of the following:
(1) State miscellaneous members employed by the Department of
Justice who perform the duties now performed in positions with the
class title of Criminalist (Class Code 8466), or Senior Criminalist
(Class Code 8478), or Criminalist Supervisor (Class Code 8477), or
Criminalist Manager (Class Code 8467), Latent Print Analyst I (Class
Code 8460), Latent Print Analyst II (Class Code 8472), or Latent
Print Supervisor (Class Code 8473).
(2) State miscellaneous members employed by the Department of the
California Highway Patrol who perform the duties now performed in
positions with the class title of Communications Operator I,
California Highway Patrol (Class Code 1663), Communications Operator
II, California Highway Patrol (Class Code 1664), Communications
Supervisor I, California Highway Patrol (Class Code 1662), or
Communications Supervisor II, California Highway Patrol (Class Code
1665).
(3) State miscellaneous members whose disability resulted under
the conditions specified in Sections 20046.5 and 20047.
(4) State miscellaneous members in State Bargaining Unit 12
employed by the Department of Transportation, if a memorandum of
understanding has been agreed to by the state employer and the
recognized employee organization making this paragraph applicable to
those members.
(d) This section does not apply to local safety members described
in Section 20423.6, unless this section has been made applicable to
local miscellaneous members pursuant to subdivision (b).
(e) This section does not apply to state safety members described
in Section 20401.5.

21152. Application to the board for retirement of a member for
disability may be made by:
(a) The head of the office or department in which the member is or
was last employed, if the member is a state member other than a
university member.
(b) The university if the member is an employee of the university.
(c) The governing body, or an official designated by the governing
body, of the contracting agency, if the member is an employee of a
contracting agency.
(d) The member or any person in his or her behalf.

21153. Notwithstanding any other provision of law, an employer may
not separate because of disability a member otherwise eligible to
retire for disability but shall apply for disability retirement of
any member believed to be disabled, unless the member waives the
right to retire for disability and elects to withdraw contributions
or to permit contributions to remain in the fund with rights to
service retirement as provided in Section 20731.

21154. The application shall be made only (a) while the member is
in state service, or (b) while the member for whom contributions will
be made under Section 20997, is absent on military service, or (c)
within four months after the discontinuance of the state service of
the member, or while on an approved leave of absence, or (d) while
the member is physically or mentally incapacitated to perform duties
from the date of discontinuance of state service to the time of
application or motion. On receipt of an application for disability
retirement of a member, other than a local safety member with the
exception of a school safety member, the board shall, or of its own
motion it may, order a medical examination of a member who is
otherwise eligible to retire for disability to determine whether the
member is incapacitated for the performance of duty. On receipt of
the application with respect to a local safety member other than a
school safety member, the board shall request the governing body of
the contracting agency employing the member to make the
determination.

21155. If the board requests a person to submit to a medical
examination, he or she shall be entitled to reimbursement for
expenses of transportation, and meals and lodging incident to the
examination if he or she is required to travel more than 50 miles one
way. Standard per diem rates in effect for state employees as
authorized by current law shall be used for the reimbursement;
provided, that higher costs of lodging may be paid if supported by
receipt and determined necessary by the board. "Expenses of
transportation" with respect to the use of private transportation
includes mileage fees from the person's home to the place of
examination and back to a maximum of 300 miles round trip or within
the state at the appropriate current rate per mile authorized to
state employees for use of private vehicles in accordance with
current law plus bridge tolls. The per diem and mileage may be paid
to the person by this system at the time he or she is given
notification of the time and place of examination.

21156. (a) (1) If the medical examination and other available
information show to the satisfaction of the board, or in case of a
local safety member, other than a school safety member, the governing
body of the contracting agency employing the member, that the member
in the state service is incapacitated physically or mentally for the
performance of his or her duties and is eligible to retire for
disability, the board shall immediately retire him or her for
disability, unless the member is qualified to be retired for service
and applies therefor prior to the effective date of his or her
retirement for disability or within 30 days after the member is
notified of his or her eligibility for retirement on account of
disability, in which event the board shall retire the member for
service.
(2) In determining whether a member is eligible to retire for
disability, the board or governing body of the contracting agency
shall make a determination on the basis of competent medical opinion
and shall not use disability retirement as a substitute for the
disciplinary process.
(b) (1) The governing body of a contracting agency upon receipt of
the request of the board pursuant to Section 21154 shall certify to
the board its determination under this section that the member is or
is not incapacitated.
(2) The local safety member may appeal the determination of the
governing body. Appeal hearings shall be conducted by an
administrative law judge of the Office of Administrative Hearings
pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of this title.

21157. The governing body of a contracting agency shall make its
determination within six months of the date of the receipt by the
contracting agency of the request by the board pursuant to Section
21154 for a determination with respect to a local safety member.
A local safety member may waive the requirements of this section.

21158. Upon the receipt by the board of an application for
disability retirement with respect to a state peace
officer/firefighter member, state patrol member, or a state safety
member, the board shall inform both the employer and the member of
all information required for the board to make its determination. The
board shall make its determination within three months of the
receipt by the board of all information required to make a
determination for disability retirement on an application submitted
by a state peace officer/firefighter member, state patrol member, or
a state safety member for disability retirement pursuant to this
article.

21159. (a) Notwithstanding any other provision of law, a state
member shall not be retired for industrial disability for an illness
or injury that occurs on or after January 1, 1993, unless the member
is incapacitated for the performance of duty in any employment with
the state employer and the disability is of permanent or extended and
uncertain duration, as determined by the Department of Personnel
Administration. This section shall only apply to state safety, state
industrial, and state miscellaneous members employed in any state
bargaining units 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. The Director of the
Department of Personnel Administration may adopt rules regarding job
placement and other related activities necessary for the
administration of this section and Section 21195.
(b) A state member who, because of the enactment of this section
is no longer eligible to retire for industrial disability and accepts
alternate employment with the state in which the compensation is
less than that received in the position held at the time of the
illness or injury, shall, upon certification of the Department of
Personnel Administration to the board, become entitled to benefits
under the partial disability retirement program set forth in Section
21160.
(c) The employee shall have the right of appeal to the Department
of Personnel Administration regarding: (1) the requirement to
participate or (2) the exclusion from participating in the program
described in this section and Section 21160.
(d) For all other disputes relative to this section and Section
21160, the employee shall seek administrative remedy from his or her
appointing power through the departmental complaint process.
(e) The appointing power of the affected employee shall reimburse
the Department of Personnel Administration for any costs associated
with the administration of this provision.
(f) This section shall not apply to any job-related or
job-incurred illness or injury that occurs on or after January 1,
2000.

21160. (a) Any state member who is subject to Section 21159 and
does not qualify for industrial disability retirement under this
part, or is reinstated from industrial disability retirement pursuant
to Section 21195, and accepts another job in state service, shall be
paid a partial disability retirement program benefit payment from
this system in an amount, to be calculated by the Department of
Personnel Administration and certified to the board, that, when added
to the salary earned by the employee in the current state position,
would be equal to the state salary earned by the member at the time
of becoming unable to perform the duties of his or her previous
position. This supplemental payment shall not result in the member
being deemed to be retired.
(b) The partial disability retirement program benefit payments
made under this section shall be paid for by the state employer in
the same manner as all other state retirement benefits are funded.
(c) This section shall not apply to any job-related or
job-incurred illness or injury that occurs on or after January 1,
2000.

21161. (a) A partial disability retirement program is established
by Section 21160 for state employees subject to Section 21159. The
benefits paid under this program shall be paid pursuant to Sections
21159 and 21160 and shall not be considered compensation for purposes
of Section 20630.
(b) This section shall not apply to any job-related or
job-incurred illness or injury that occurs on or after January 1,
2000.

21162. A member whose membership continues under Section 20731
shall be retired for disability and receive a retirement allowance
based on the service credited to him or her at the time of retirement
during any period in which he or she receives a disability
retirement allowance under a county retirement system , subject to
the following conditions:
(a) That the allowance shall not be paid if entry into employment
resulting in membership of the county system occurred prior to
October 1, 1957, or after more than 90 days of discontinuance of
state service.
(b) That the allowance shall not exceed an amount that, when added
to the allowance paid under the other system, equals the allowance
that would be paid if the member's state service were credited under
the other system where retirement is for disability not arising out
of or in the course of employment subject to the other system.
However, the allowance shall in any event be no less than an annuity
that is the actuarial equivalent of member's contributions.
(c) That the allowance shall be an annuity that is the actuarial
equivalent of accumulated contributions where retirement under the
other system is for disability arising out of and in the course of
employment subject to the other system.

21163. 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.

21164. Notwithstanding any other provision of this article, the
retirement for disability of a local safety member, other than a
school safety member, shall not be effective without the member's
consent earlier than the date upon which leave of absence without
loss of salary under Section 4850 of the Labor Code because of the
disability terminates, or the earlier date during the leave as of
which the disability is permanent and stationary as found by the
Workers' Compensation Appeals Board.

21165. Notwithstanding any other provision of this article, the
retirement for disability of a member, other than a local safety
member, with the exception of a school safety member, who has been
granted or is entitled to a leave of absence with compensation, which
shall include nonindustrial disability insurance benefits payable
pursuant to Article 5 (commencing with Section 19878) of Chapter 2.5
of Part 2.6, shall not become effective prior to the expiration of
the leave of absence with compensation, unless the member applies for
or consents to his or her retirement as of an earlier date.

21166. If a member is entitled to a different disability retirement
allowance according to whether the disability is industrial or
nonindustrial and the member claims that the disability as found by
the board, or in the case of a local safety member by the governing
body of his or her employer, is industrial and the claim is disputed
by the board, or in case of a local safety member by the governing
body, the Workers' Compensation Appeals Board, using the same
procedure as in workers' compensation hearings, shall determine
whether the disability is industrial.
The jurisdiction of the Workers' Compensation Appeals Board shall
be limited solely to the issue of industrial causation, and this
section shall not be construed to authorize the Workers' Compensation
Appeals Board to award costs against this system pursuant to Section
4600, 5811, or any other provision of the Labor Code.

21167. At any time within 20 days after the service of any findings
of fact by the Workers' Compensation Appeals Board under this part,
any party aggrieved thereby, or the board, may petition for a
rehearing upon one or more of the following grounds, and no other:
(a) That the Workers' Compensation Appeals Board acted without or
in excess of its powers.
(b) That the findings of fact were procured by fraud.
(c) That the evidence does not justify the findings of fact.
(d) That the petitioner has discovered new evidence material to
him or her, that he or she could not, with reasonable diligence, have
discovered and produced at the hearing.

21168. Within 30 days after the petition for rehearing is denied,
or, if the petition is granted, within 30 days after the rendition of
amended findings of fact on rehearing, any person affected thereby,
including this system, may apply to the Supreme Court or to the court
of appeal of the appellate district in which he or she resides, for
a writ of review, for the purpose of inquiring into and determining
the lawfulness of the findings of the Workers' Compensation Appeals
Board.

21169. The writ of review shall be made returnable not later than
30 days after the date of issuance thereof, and shall direct the
Workers' Compensation Appeals Board to certify its record in the case
to the court. On the return day the cause shall be heard in the
court unless continued for good cause. No new or additional evidence
shall be introduced in the court, but the cause shall be heard on the
record of the appeals board, as certified to by it.

21170. The review by the court shall not be extended further than
to determine whether the Workers' Compensation Appeals Board acted
without or in excess of its powers, or unreasonably, or whether its
act was procured by fraud.

21171. The Workers' Compensation Appeals Board shall have
continuing jurisdiction over its determinations made under Section
21166 and may at any time within five years of the date of injury,
upon notice and after an opportunity to be heard is given to the
parties in interest, rescind, alter, or amend the determination, good
cause appearing therefor.

21172. If the retirement allowance of any person retired for
disability is canceled for any cause other than reentrance into state
service, and if he or she does not reenter state service, an amount
that is the actuarial equivalent of his or her annuity at
cancellation, based on a disabled life, but not exceeding the amount
of his or her accumulated contributions at the time of his or her
retirement for disability, shall be credited to his or her individual
account, and shall be refunded to him or her unless he or she
elects, under Section 20731, to allow his or her accumulated
contributions to remain in the retirement fund.
The actuarial equivalent under this section shall be adjusted by
the board every 10 years, or more frequently, to agree with the
interest rate and mortality tables in effect at the commencement of
each such 10-year or succeeding interval.

21173. The governing body of a contracting agency may delegate any
authority or duty conferred or imposed under this article to a
subordinate officer subject to conditions it may impose.

21174. If it is not claimed that the disability is industrial or if
the claim is made and the member so requests, the board shall
proceed with retirement and with the payment of the benefits as are
payable when disability is not industrial. If the Workers'
Compensation Appeals Board subsequently determines that disability is
industrial, an amount equal to the benefits paid shall be deducted
from the benefits payable under this system because of the
determination. No additional benefits shall be payable, however,
because disability is determined to be industrial unless the
application for that determination is filed with the Workers'
Compensation Appeals Board or in the office of this system in
Sacramento, for transmission to the Workers' Compensation Appeals
Board within two years after the effective date of the member's
retirement.

21175. If any recipient of a disability retirement allowance under
the minimum age for voluntary retirement for service applicable to
members of his or her class refuses to submit to medical examination
the pension portions of his or her allowance may be discontinued
until his or her withdrawal of the refusal. If the refusal continues
for one year his or her disability retirement allowance may be
canceled.

21176. If a recipient of a disability retirement allowance reenters
state service and is eligible for membership in this system, his or
her allowance shall be canceled and he or she shall immediately
become a member of this system. His or her individual account shall
be credited with an amount that is the actuarial equivalent of his or
her annuity at that time, as based on a disabled life, but not
exceeding the amount of his or her accumulated contributions at the
time of his or her retirement for disability. He or she shall receive
credit for prior service in the same manner as though he or she had
never been retired for disability.