Section 21098 Of Article 3. Second Tier Retirement—contracting Agencies From California Government Code >> Division 5. >> Title 2. >> Part 3. >> Chapter 12. >> Article 3.
21098
. The disability retirement pension for local miscellaneous
service subject to this article shall be one of the following:
(a) Ninety percent of the factor applicable at age 65 as set forth
in Section 21094 times final compensation multiplied by the number
of years of service credited to him or her.
(b) If the disability retirement allowance computed under
subdivision (a) does not exceed one-third of his or her final
compensation, 90 percent of the benefit that would be payable to the
member had the member continued in employment until age 65 but in
that case the retirement allowance shall not exceed one-third of the
final compensation. This subdivision is not applicable to members who
are not entitled, at the time of retirement, to be credited with at
least 10 years of service.
(c) If the disability retirement allowance is derived from this
section and Section 21423, and would otherwise exceed the maximums
provided by these sections, the pension payable with respect to each
section shall be reduced in the same proportion as the allowance
computed as though there was no limit, so that the total of the
pensions shall equal the maximum allowed.