Section 21424 Of Article 5. Disability Retirement Benefits From California Government Code >> Division 5. >> Title 2. >> Part 3. >> Chapter 13. >> Article 5.
21424
. The nonindustrial disability retirement pension for state
miscellaneous or state industrial service subject to Section 21076
shall be one of the following:
(a) Ninety percent of the factor applicable at the age of 65 years
as set forth in Section 21076 multiplied by final compensation,
multiplied by the number of years of service credited to him or her.
(b) If the nonindustrial 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 the age of 65
years, but in that case the retirement allowance may not exceed
one-third of the final compensation. This subdivision is not
applicable to members who have not been credited, at the time of
retirement, with at least 10 years of state service.
(c) If the nonindustrial 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 bears to the total allowance computed as if there
were no limit, so that the total of the pensions shall equal the
maximum allowed.
(d) If qualified for service retirement, the member shall receive
his or her service retirement allowance if that allowance is greater
than the nonindustrial disability retirement allowance provided by
this section.