SECTIONS 75580-75583 - California Statutes

GOVERNMENT CODE

SECTION 75580-75583

75580. (a) If a judge who is retired for disability engages in the
practice of law or other gainful occupation that requires the
discharge of duties substantially similar to those duties that the
judge was found, pursuant to Section 75560.1, to be unable to perform
due to mental or physical disability, the retirement allowance
otherwise payable to him or her shall cease permanently, except as
provided in this section.
(b) If a retired judge becomes entitled to any salary for
assignment to a court by the Chairperson of the Judicial Council
after retirement for disability, the retirement allowance otherwise
payable shall, during the time he or she is entitled to receive that
salary or other compensation, be reduced by the amount of that salary
or compensation.
(c) A judge who is retired for disability may, without loss or
reduction in allowance, engage in the practice of law or any other
gainful occupation that does not require the discharge of duties
substantially similar to those duties the judge was found, pursuant
to Section 75560.1, to be unable to perform due to mental or physical
disability, other than a public office, as long as the compensation
earned in any month when combined with the judge's allowance does not
exceed 75 percent of the salary payable to the judge holding the
judicial office to which the retired judge was last elected or
appointed, and the retirement allowance otherwise payable to the
judge shall be reduced by the amount of any earning in excess of that
amount. The judge shall report the compensation earned during each
month to the board by the eighth day of the following month.
(d) Persons affected by this section shall report all compensation
earned in a form and manner required by the board under penalty of
perjury. The board shall have the authority to require these persons
to grant the board permission to request wage information for the
purposes of verifying the reported compensation earned. The
Employment Development Department shall report compensation in a form
and manner required by the board in accordance with Section 1798.24
of the Civil Code. The board shall reimburse the Employment
Development Department for the costs that the department incurs in
searching for and providing that information.
(e) When a judge affected by subdivision (c) reaches the age at
which the judge would be eligible to retire for services pursuant to
Section 75522 had the judge not retired for disability, the judge's
retirement allowance shall be made equal to the amount it would be if
not reduced pursuant to this section, and may not again be modified
for any cause.
(f) A judge who is retired for disability pursuant to this chapter
or becomes entitled to any salary for assignment to a court by the
Chairperson of the Judicial Council after retirement for disability
pursuant to this chapter is not eligible to receive service credit in
another public retirement system or pursuant to this chapter or to
be reinstated to this system.
(g) The Legislature reserves the right to increase or reduce the
benefits prescribed by this section as it may find appropriate.

75583. (a) Any judge retired pursuant to this chapter who is
appointed by the Supreme Court or any court of appeal, or division
thereof, to act as a master or referee in any proceeding pending
before any such court or before the Commission on Judicial
Performance, shall be paid while so acting, in addition to his or her
retirement allowance (taken without reduction on account of any
election pursuant to Article 6 (commencing with Section 75570)) the
difference, if any, between the retirement allowance and the
compensation of a judge of the court from which he or she retired.
(b) When appointed to act as referee in a county other than that
in which he or she resides, he or she shall also be allowed his or
her necessary expenses for travel, board, and lodging incurred in the
discharge of that appointment.
(c) The extra compensation and expenses, if any, shall be
chargeable to the state.