Section 23400 Of Chapter 21. Pre-1972 Benefits From California Education Code >> Division 1. >> Title 1. >> Part 13. >> Chapter 21.
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.