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Chapter 26. Disability Retirement of California Education Code >> Division 1. >> Title 1. >> Part 13. >> Chapter 26.
This chapter governs the eligibility, allowance
computations, and related provisions for the disability retirement
program. This chapter applies to all persons who become members of
the plan under this part on and after October 16, 1992, all persons
who become members of the plan on and after October 16, 1992,
subsequent to a refund, and to all members as of October 15, 1992,
who elect under this part, pursuant to Chapter 21.5 (commencing with
Section 23700), to be covered by the disability retirement program
set forth in this chapter.
(a) A member may apply for a disability retirement under
this part, upon written application for disability retirement to the
board on a properly executed form provided by the system, if the
member has five or more years of credited service and if all of the
following requirements are met:
(1) At least four years were credited for actual service performed subject to coverage under the Defined Benefit Program. Credit received because of workers' compensation payments shall be counted toward the four-year requirement in accordance with Section 22710.
(2) The last five years of credited service were performed in this state.
(3) Except as described in subdivision (d) of Section 24201.5, the member is not currently receiving a service retirement allowance and at least one year of credited service was earned subsequent to the date on which the member terminated a service retirement allowance under Section 24208.
(4) At least one year of credited service was earned subsequent to the date on which the member's disability retirement was terminated.
(5) At least one year of credited service was earned subsequent to the most recent refund of accumulated retirement contributions.
(6) The member is not applying for a disability retirement because of a physical or mental condition known to exist at the time the most recent membership in the Defined Benefit Program commenced and that remains substantially unchanged at the time of application.
(b) Nothing in subdivision (a) shall affect the right of a member to a disability retirement if the reason that the member has performed less than four years of actual service is due to an on-the-job injury or a disease while in employment subject to coverage by the Defined Benefit Program and the four-year requirement can be satisfied by credit obtained under Chapter 14 (commencing with Section 22800) or Chapter 14.5 (commencing with Section 22850) in addition to any credit received from workers' compensation payments.
(c) Nothing in subdivision (a) shall affect the right of a member under this part who has less than five years of credited service to a disability retirement allowance if the following conditions are met:
(1) The member has at least one year of credited service performed in this state.
(2) The disability is a direct result of an unlawful act of bodily injury that was perpetrated on his or her person by another human being while the member was performing his or her official duties in a position subject to coverage under the Defined Benefit Program.
(3) The member provides documentation of the unlawful act in the form of an official police report or official employer incident report.
(d) A member who is eligible to apply for a disability retirement pursuant to this section may also apply for a service retirement pending a determination of his or her application for disability as described in Section 24201.5.
(1) At least four years were credited for actual service performed subject to coverage under the Defined Benefit Program. Credit received because of workers' compensation payments shall be counted toward the four-year requirement in accordance with Section 22710.
(2) The last five years of credited service were performed in this state.
(3) Except as described in subdivision (d) of Section 24201.5, the member is not currently receiving a service retirement allowance and at least one year of credited service was earned subsequent to the date on which the member terminated a service retirement allowance under Section 24208.
(4) At least one year of credited service was earned subsequent to the date on which the member's disability retirement was terminated.
(5) At least one year of credited service was earned subsequent to the most recent refund of accumulated retirement contributions.
(6) The member is not applying for a disability retirement because of a physical or mental condition known to exist at the time the most recent membership in the Defined Benefit Program commenced and that remains substantially unchanged at the time of application.
(b) Nothing in subdivision (a) shall affect the right of a member to a disability retirement if the reason that the member has performed less than four years of actual service is due to an on-the-job injury or a disease while in employment subject to coverage by the Defined Benefit Program and the four-year requirement can be satisfied by credit obtained under Chapter 14 (commencing with Section 22800) or Chapter 14.5 (commencing with Section 22850) in addition to any credit received from workers' compensation payments.
(c) Nothing in subdivision (a) shall affect the right of a member under this part who has less than five years of credited service to a disability retirement allowance if the following conditions are met:
(1) The member has at least one year of credited service performed in this state.
(2) The disability is a direct result of an unlawful act of bodily injury that was perpetrated on his or her person by another human being while the member was performing his or her official duties in a position subject to coverage under the Defined Benefit Program.
(3) The member provides documentation of the unlawful act in the form of an official police report or official employer incident report.
(d) A member who is eligible to apply for a disability retirement pursuant to this section may also apply for a service retirement pending a determination of his or her application for disability as described in Section 24201.5.
A member shall not be eligible for disability retirement
under the Defined Benefit Program while on a leave of absence to
serve as a full-time, elected officer of an employee organization,
even if the member receives service credit under Section 22711.
(a) The board may authorize payment of a disability
retirement allowance under this part to any member who is qualified
upon application by the member, the member's guardian or conservator,
or the member's employer, if the application is submitted on a
properly executed form prescribed by the system during any one of the
following periods:
(1) While the member is employed and has performed creditable service within the four months previous to application, or while the member is on a compensated leave of absence.
(2) While the member is physically or mentally incapacitated for performance of service and the incapacity has been continuous from the last day of actual performance of service for which compensation is payable to the member.
(3) While the member is on a leave of absence without compensation, granted for reason other than mental or physical incapacity for performance of service, and within four months after the last day of actual performance of service for which compensation is payable to the member, or within 12 months of that date if the member was on an employer-approved leave to study at an approved college or university.
(4) Within four months after the termination of the member's employment subject to coverage under the Defined Benefit Program, if the application was not made under paragraph (2) and was not made more than four months after the last day of actual performance of service for which compensation is payable to the member.
(b) The member is not qualified to receive a disability retirement allowance if the member is applying because of a physical or mental condition that existed at the time the most recent membership in the Defined Benefit Program commenced and which remains substantially unchanged at the time of application.
(1) While the member is employed and has performed creditable service within the four months previous to application, or while the member is on a compensated leave of absence.
(2) While the member is physically or mentally incapacitated for performance of service and the incapacity has been continuous from the last day of actual performance of service for which compensation is payable to the member.
(3) While the member is on a leave of absence without compensation, granted for reason other than mental or physical incapacity for performance of service, and within four months after the last day of actual performance of service for which compensation is payable to the member, or within 12 months of that date if the member was on an employer-approved leave to study at an approved college or university.
(4) Within four months after the termination of the member's employment subject to coverage under the Defined Benefit Program, if the application was not made under paragraph (2) and was not made more than four months after the last day of actual performance of service for which compensation is payable to the member.
(b) The member is not qualified to receive a disability retirement allowance if the member is applying because of a physical or mental condition that existed at the time the most recent membership in the Defined Benefit Program commenced and which remains substantially unchanged at the time of application.
(a) The member shall provide medical documentation
substantiating the impairment qualifying the member for the
disability retirement under this part.
(b) On receipt of an application for disability retirement under this part, the system may order a medical examination or review of medical documentation of a member to determine whether the member is incapacitated for performance of service. The medical examination or review of medical documentation shall be conducted by a practicing physician, selected by the board, with expertise in the member's impairment, and the board shall pay all costs associated with the examination or review of medical documentation. If the member refuses to submit to the required medical examination or review of medical documentation, the application for disability retirement shall be rejected. If a medical examination is ordered:
(1) The member shall either remain in this state, or return to this state at the member's own expense, to undergo the medical examination or the application shall be rejected, unless this requirement is waived by the board. The board shall pay all other reasonable costs related to travel and meals in accordance with the rates set for state employees by the Department of Human Resources.
(2) If the member is too ill to be examined, the system shall postpone the examination until the member can be examined. The member or the member's treating physician shall inform the system, in writing, when the medical examination can be rescheduled.
(c) The system may reject the disability retirement application under this part if the member fails to provide requested medical documentation to substantiate a disability, as defined in Section 22126, within 45 days from the date of the request or within 30 days from the time that a legally designated representative is empowered to act on behalf of a member who is mentally or physically incapacitated.
(d) If the board determines that a member who has applied for disability retirement under this part may perform service in the member's former position of employment or in a comparable level position with the assistance of reasonable accommodation, the board may require the member to request reasonable accommodation from the employer. Failure of the member to request reasonable accommodation, as directed by the board, may be grounds for cancellation of the disability retirement application under this part.
(e) If the employer fails or refuses to provide reasonable accommodation, the board may require the member to pursue an administrative appeal of the employer's denial as a condition for receiving a disability retirement allowance under this part.
(f) The system shall inform the member of the rejection or cancellation of the member's disability retirement allowance application under this part within 30 days after that determination is made by the system.
(g) In determining whether a member meets the definition of disability pursuant to Section 22126, the board shall make a determination on the basis of competent medical documentation and shall not use the awarding of a disability retirement as a substitute for the disciplinary process.
(b) On receipt of an application for disability retirement under this part, the system may order a medical examination or review of medical documentation of a member to determine whether the member is incapacitated for performance of service. The medical examination or review of medical documentation shall be conducted by a practicing physician, selected by the board, with expertise in the member's impairment, and the board shall pay all costs associated with the examination or review of medical documentation. If the member refuses to submit to the required medical examination or review of medical documentation, the application for disability retirement shall be rejected. If a medical examination is ordered:
(1) The member shall either remain in this state, or return to this state at the member's own expense, to undergo the medical examination or the application shall be rejected, unless this requirement is waived by the board. The board shall pay all other reasonable costs related to travel and meals in accordance with the rates set for state employees by the Department of Human Resources.
(2) If the member is too ill to be examined, the system shall postpone the examination until the member can be examined. The member or the member's treating physician shall inform the system, in writing, when the medical examination can be rescheduled.
(c) The system may reject the disability retirement application under this part if the member fails to provide requested medical documentation to substantiate a disability, as defined in Section 22126, within 45 days from the date of the request or within 30 days from the time that a legally designated representative is empowered to act on behalf of a member who is mentally or physically incapacitated.
(d) If the board determines that a member who has applied for disability retirement under this part may perform service in the member's former position of employment or in a comparable level position with the assistance of reasonable accommodation, the board may require the member to request reasonable accommodation from the employer. Failure of the member to request reasonable accommodation, as directed by the board, may be grounds for cancellation of the disability retirement application under this part.
(e) If the employer fails or refuses to provide reasonable accommodation, the board may require the member to pursue an administrative appeal of the employer's denial as a condition for receiving a disability retirement allowance under this part.
(f) The system shall inform the member of the rejection or cancellation of the member's disability retirement allowance application under this part within 30 days after that determination is made by the system.
(g) In determining whether a member meets the definition of disability pursuant to Section 22126, the board shall make a determination on the basis of competent medical documentation and shall not use the awarding of a disability retirement as a substitute for the disciplinary process.
In cases of a member's willful substance abuse or if the
board determines a member who qualifies for disability retirement
under this part pursuant to this chapter has mental, physical, or
vocational rehabilitation potential, the board may limit the
disability retirement to a period not to exceed two years from the
date of approval of the disability retirement. Notwithstanding
Section 24112, the disability retirement allowance shall terminate at
the end of the period granted unless an extension is granted by the
board.
(a) A disability retirement allowance under this part shall
become effective upon any date designated by the member, provided
that all of the following conditions are met:
(1) An application for disability retirement is filed on a properly executed form prescribed by the system.
(2) The effective date is later than the last day of creditable service for which compensation is payable to the member.
(3) The effective date is no earlier than either the first day of the month in which the application is received at the system's headquarters office or the date upon and continuously after which the member is determined to the satisfaction of the board to have been mentally incompetent.
(4) The application for disability retirement contains an election of either an unmodified allowance or an allowance modified under an option as provided in Section 24332.
(b) If the member is employed to perform creditable service subject to coverage under the Defined Benefit Program at the time the disability retirement is approved, the member shall notify the system in writing, within 90 days, of the last day on which the member will perform service. If the member does not respond within 90 days, or if the last day on which service will be performed is more than 90 days after the date the system notifies the member of the approval of disability retirement, the member's application for disability retirement shall be rejected and a disability retirement allowance shall not be payable to the member.
(1) An application for disability retirement is filed on a properly executed form prescribed by the system.
(2) The effective date is later than the last day of creditable service for which compensation is payable to the member.
(3) The effective date is no earlier than either the first day of the month in which the application is received at the system's headquarters office or the date upon and continuously after which the member is determined to the satisfaction of the board to have been mentally incompetent.
(4) The application for disability retirement contains an election of either an unmodified allowance or an allowance modified under an option as provided in Section 24332.
(b) If the member is employed to perform creditable service subject to coverage under the Defined Benefit Program at the time the disability retirement is approved, the member shall notify the system in writing, within 90 days, of the last day on which the member will perform service. If the member does not respond within 90 days, or if the last day on which service will be performed is more than 90 days after the date the system notifies the member of the approval of disability retirement, the member's application for disability retirement shall be rejected and a disability retirement allowance shall not be payable to the member.
Upon retirement for disability pursuant to this chapter, a
member under this part shall receive a retirement allowance that
shall consist of all of the following:
(a) An annual allowance equal to 50 percent of final compensation payable in monthly installments.
(b) An additional 10 percent of final compensation for each dependent child, up to a maximum of 40 percent of final compensation. If there are more than four dependent children, they shall share equally in the maximum allowance of 40 percent. A dependent child may waive his or her right to his or her portion of the allowance in accordance with procedures established by the system.
(c) An annuity that shall be the actuarial equivalent of the accumulated annuity deposit contributions standing to the credit of the member's account on the effective date of the disability retirement.
(a) An annual allowance equal to 50 percent of final compensation payable in monthly installments.
(b) An additional 10 percent of final compensation for each dependent child, up to a maximum of 40 percent of final compensation. If there are more than four dependent children, they shall share equally in the maximum allowance of 40 percent. A dependent child may waive his or her right to his or her portion of the allowance in accordance with procedures established by the system.
(c) An annuity that shall be the actuarial equivalent of the accumulated annuity deposit contributions standing to the credit of the member's account on the effective date of the disability retirement.
A member retired for disability under this part may elect an
option pursuant to Section 24332 to modify the disability retirement
allowance payable pursuant to subdivision (a) of Section 24106.
A retirement allowance payable pursuant to Section 24106
that includes a child's portion shall be reduced when a dependent
child becomes ineligible. The reduction shall take into account the
increases made by application of the improvement factor. However, the
retired member's allowance under this part shall not be less than it
could have been if there had never been a dependent child.
Retirement allowances payable pursuant to subdivision (a) of
Section 24106 shall be reduced by an amount equal to the unmodified
benefits paid or payable under a workers' compensation program for
the same impairment or impairments that qualify the member for a
disability retirement allowance under this part. For purposes of this
section, unmodified benefits are limited to benefits for temporary
disability, permanent disability, and for vocational rehabilitation
paid or payable under the Workers' Compensation Act.
A member who qualifies for disability retirement under this
part pursuant to this chapter because of a disabling impairment that
is amenable to treatment that could be expected to restore the member'
s ability to perform service in the member's former position of
employment or in a comparable level position shall participate in a
treatment program prescribed by the member's primary treating
physician. Willful failure to initiate and continue participation in
the program shall cause the disability retirement allowance to be
terminated. In determining whether a member has good cause for
failure to follow that treatment, the board shall take into account
whether the treatment would abridge the member's right to the free
exercise of religion or whether the member's physical or mental
condition has worsened as determined by the member's treating
physician and substantiated by medical evidence.
(a) A member who is receiving a disability retirement
allowance under this part pursuant to this chapter who is determined
by the board to have a mental, physical, or vocational rehabilitation
potential that could be expected to restore the member's ability to
perform service in the member's former position of employment or in a
comparable level position shall participate in an appropriate
rehabilitation program approved by the board. The board shall pay all
reasonable costs of the approved program. Willful failure to
initiate and continue participation in the rehabilitation program
shall cause the disability retirement allowance under this part to be
terminated. In determining whether a member has good cause for
failure to participate in the program, the board shall take into
account whether the participation would abridge the member's right to
the free exercise of religion or whether the member's physical or
mental condition has worsened as determined by the member's treating
physician and substantiated by medical evidence.
(b) Any cost for the approved rehabilitation program prescribed by the board shall be paid directly by the system from the fund.
(b) Any cost for the approved rehabilitation program prescribed by the board shall be paid directly by the system from the fund.
The board may require a member receiving a disability
retirement allowance under this part to undergo medical examination
at such times as the board deems necessary. The system may request
the member's treating physician, upon authorization by the retired
member, to complete a medical reevaluation questionnaire. The system
shall reimburse the retired member for all reasonable costs related
to completion of this questionnaire in an amount not to exceed two
hundred fifty dollars ($250) if the retired member has no other
health coverage that would pay for the cost of completing the medical
questionnaire. The board may authorize a medical examination to be
conducted by the retired member's treating source at the retired
member's expense and, in any case, may require a medical examination
to be conducted by a physician selected by the board, in which event,
the board shall pay all reasonable costs associated with the
examination. The board shall, in scheduling medical examinations,
give consideration to the interests and convenience of the retired
member. If the examination, together with other available
information, shows to the satisfaction of the board that the retired
member is no longer disabled, the disability retirement allowance
shall be terminated. Should the retired member refuse to submit to
medical examination, as provided in this section, the member's
disability retirement allowance shall be terminated and all rights of
the retired member to the disability retirement allowance shall be
revoked.
A member retired for disability under this part may be
employed to perform creditable service subject to coverage under the
Defined Benefit Program. The employment shall not cause the
disability retirement allowance to be suspended or terminated, except
as provided in Section 24112, and no deduction shall be made from
the retired member's compensation as contributions to the plan under
this part.
(a) A member receiving a disability retirement benefit under
this part may be employed or self-employed in any capacity,
notwithstanding Section 22132, but may not make contributions to the
retirement fund with respect to the Defined Benefit Program or accrue
service credit under this part based on earnings from any
employment.
(b) A member receiving a disability retirement benefit under this part may earn in any one calendar year up to the limitation specified in subdivision (c) without a reduction in his or her disability retirement allowance.
(c) The limitation that shall apply to the earnings of a member receiving a disability retirement benefit under this part shall be fifteen thousand dollars ($15,000), in any one calendar year, adjusted annually by the board effective each January 1 by the amount of increase in the All Urban California Consumer Price Index using December 1989 as the base.
(d) If a member receiving a disability retirement benefit under this part earns in excess of the limitation specified in subdivision (c) from all employment in any calendar year, notwithstanding Section 22132, his or her retirement allowance shall be reduced by the amount of the excess earnings. The amount of the reduction in an individual month shall be no more than the monthly allowance payable in that month, and the total amount of the reduction shall not exceed the amount of the annual allowance payable under this part for the calendar year in which the excess compensation was earned.
(e) The earnings limitation specified in this section does not apply to a member receiving a disability retirement benefit under this part who is participating in an approved rehabilitation program pursuant to Section 24111.
(f) This section does not apply to a member receiving a disability retirement benefit under this part who began receiving a disability retirement allowance prior to October 16, 1992.
(b) A member receiving a disability retirement benefit under this part may earn in any one calendar year up to the limitation specified in subdivision (c) without a reduction in his or her disability retirement allowance.
(c) The limitation that shall apply to the earnings of a member receiving a disability retirement benefit under this part shall be fifteen thousand dollars ($15,000), in any one calendar year, adjusted annually by the board effective each January 1 by the amount of increase in the All Urban California Consumer Price Index using December 1989 as the base.
(d) If a member receiving a disability retirement benefit under this part earns in excess of the limitation specified in subdivision (c) from all employment in any calendar year, notwithstanding Section 22132, his or her retirement allowance shall be reduced by the amount of the excess earnings. The amount of the reduction in an individual month shall be no more than the monthly allowance payable in that month, and the total amount of the reduction shall not exceed the amount of the annual allowance payable under this part for the calendar year in which the excess compensation was earned.
(e) The earnings limitation specified in this section does not apply to a member receiving a disability retirement benefit under this part who is participating in an approved rehabilitation program pursuant to Section 24111.
(f) This section does not apply to a member receiving a disability retirement benefit under this part who began receiving a disability retirement allowance prior to October 16, 1992.
A member retired for disability under this part whose last
employment was in the California State University, as a member of the
Defined Benefit Program or the Public Employees' Retirement System,
may serve as a member of the teaching staff of the California State
University and shall be subject to the employment limitations as
provided by the Public Employees' Retirement Law (Part 3 (commencing
with Section 20000) of Division 5 of Title 2 of the Government Code).
(a) A member retired for disability under this part may
terminate the disability retirement allowance upon written request to
the system.
(b) If a member retired for disability under this part is determined by the board to no longer be eligible to receive a disability retirement allowance pursuant to this chapter, the disability retirement allowance shall be terminated.
(b) If a member retired for disability under this part is determined by the board to no longer be eligible to receive a disability retirement allowance pursuant to this chapter, the disability retirement allowance shall be terminated.
(a) Upon termination of a disability retirement allowance
that was payable pursuant to this chapter, the individual account of
the member under this part shall be credited with the amount of the
member's accumulated retirement contributions as they were on the
effective date of disability retirement, less the sum of all payments
made under subdivisions (a) and (b) of Section 24106. The reduction
shall not be greater than the total of the accumulated retirement
contributions.
(b) Upon the termination of a disability retirement, the accumulated annuity deposit contribution account of the member shall be credited with the amounts of those contributions as they were on the date the annuity became payable under this part because of that retirement less the sum of all payments made pursuant to subdivision (c) of Section 24106.
(b) Upon the termination of a disability retirement, the accumulated annuity deposit contribution account of the member shall be credited with the amounts of those contributions as they were on the date the annuity became payable under this part because of that retirement less the sum of all payments made pursuant to subdivision (c) of Section 24106.
When a member retired for disability under this part returns
to work in the member's former position of employment or in a
comparable level position and within six months of return experiences
a recurrence of the original disability, which can be medically
substantiated, it shall be considered, for the purpose of determining
the duration of the disability, that the condition had its onset as
of the date the member first became disabled. The former disability
retirement allowance shall again become payable as of the later of
the first day of the month in which the recurrence of the disability
occurred or the last day of creditable service for which compensation
is payable to the member, provided the member complies with Section
24103.
