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Article 4. Disability Retirement of California Government Code >> Title 8. >> Chapter 11.5. >> Article 4.
No judge shall be eligible to be retired for disability
unless the judge is credited with at least five years of judicial
service or unless the disability is a result of injury or disease
arising out of and in the course of judicial service.
(a) Any judge who is unable to discharge efficiently the
duties of his or her office by reason of mental or physical
disability that is or is likely to become permanent may, with his or
her consent and with the approval of the Chief Justice or Acting
Chief Justice and the Commission on Judicial Performance, be retired
from office. The consent of the judge shall be made on a written
application to the Commission on Judicial Performance, signed by the
judge or a family member or legal representative acting on the judge'
s behalf. The retirement shall be effective upon approval by the
designated officers, except as provided in subdivision (b). A
certificate evidencing the approval shall be filed with the Secretary
of State. Upon the filing of the certificate, a successor shall be
appointed to fill the vacancy.
(b) Any judge who dies after executing an application evidencing his or her consent that has been received in the office of the commission and before the approval of both of the designated officers has been obtained shall be deemed to have retired on the date of his or her death if the designated officers, prior to the filling of the vacancy created by the judge's death, file with the Secretary of State their certificate of approval.
(c) No retirement under this section may be approved unless a written statement by a physician or psychiatrist that he or she has personally examined the judge applying for retirement under this section and that he or she is of the opinion that the judge is unable to discharge efficiently the duties of the judge's office by reason of a mental or physical disability that is or is likely to become permanent is presented to the persons having the responsibility to approve or disapprove the retirement.
(b) Any judge who dies after executing an application evidencing his or her consent that has been received in the office of the commission and before the approval of both of the designated officers has been obtained shall be deemed to have retired on the date of his or her death if the designated officers, prior to the filling of the vacancy created by the judge's death, file with the Secretary of State their certificate of approval.
(c) No retirement under this section may be approved unless a written statement by a physician or psychiatrist that he or she has personally examined the judge applying for retirement under this section and that he or she is of the opinion that the judge is unable to discharge efficiently the duties of the judge's office by reason of a mental or physical disability that is or is likely to become permanent is presented to the persons having the responsibility to approve or disapprove the retirement.
(a) A judge who retires for disability shall receive a
retirement allowance in an amount equal to the lower of the
following:
(1) The benefit factor under subdivision (d) of Section 75522 multiplied by the judge's final compensation on the effective date of the disability retirement, multiplied by the number of years of service the judge would have been credited if the judge's service had continued to the age the judge would have first been eligible to retire under subdivision (a) of Section 75522.
(2) Sixty-five percent of the judge's final compensation on the effective date of the disability retirement.
(b) Notwithstanding subdivision (a), the retirement allowance of a judge who retires for disability shall equal 65 percent of the judge' s final compensation on the effective date of the disability retirement regardless of the judge's age or length of service, if the Commission on Judicial Performance determines that the disability is predominantly a result of injury arising out of and in the course of judicial service.
(1) The benefit factor under subdivision (d) of Section 75522 multiplied by the judge's final compensation on the effective date of the disability retirement, multiplied by the number of years of service the judge would have been credited if the judge's service had continued to the age the judge would have first been eligible to retire under subdivision (a) of Section 75522.
(2) Sixty-five percent of the judge's final compensation on the effective date of the disability retirement.
(b) Notwithstanding subdivision (a), the retirement allowance of a judge who retires for disability shall equal 65 percent of the judge' s final compensation on the effective date of the disability retirement regardless of the judge's age or length of service, if the Commission on Judicial Performance determines that the disability is predominantly a result of injury arising out of and in the course of judicial service.
The Commission on Judicial Performance, in its discretion,
but not more often than once every two years, may require any judge
who is receiving an allowance under this article and who is under the
age of 65 years to undergo medical examination. The examination
shall be made by one or more physicians and surgeons, appointed by
the Commission on Judicial Performance, at the place of residence of
the judge or other place mutually agreed upon. Upon the basis of the
examination the commission shall determine whether he or she is still
incapacitated, physically or mentally, for service as a judge. If
the commission determines, on the basis of the results of the medical
examination, that he or she is not so incapacitated, he or she shall
be a judicial officer of the state, but shall not exercise any of
the powers of the justice or judge except while under assignment to a
court by the Chairperson of the Judicial Council. The allowance of
the judge shall cease if he or she refuses an assignment while he or
she is not so incapacitated. Section 68543.5 is applicable to the
judge.
A judge who applies for disability retirement and against
whom there is pending a criminal charge of the commission of, or who
has been convicted of, a felony under California or federal law,
allegedly committed or committed while holding judicial office, prior
to the approval of the application:
(a) Shall be presumed not to be disabled and this presumption is a presumption affecting the burden of proof.
(b) Shall, in a disability retirement proceeding before the commission, be subject to the standard of proof of clear and convincing evidence sufficient to sustain a claim to a reasonable certainty.
(c) Shall support the application with written statements described in subdivision (c) of Section 75560.1 from each of at least two physicians or two psychiatrists.
(a) Shall be presumed not to be disabled and this presumption is a presumption affecting the burden of proof.
(b) Shall, in a disability retirement proceeding before the commission, be subject to the standard of proof of clear and convincing evidence sufficient to sustain a claim to a reasonable certainty.
(c) Shall support the application with written statements described in subdivision (c) of Section 75560.1 from each of at least two physicians or two psychiatrists.
A judge against whom there is pending a disciplinary
proceeding that could lead to his or her removal from office or who
has been removed from office for judicial misconduct, prior to the
approval of his or her application for disability retirement:
(a) Shall be presumed not to be disabled and this presumption is a presumption affecting the burden of proof.
(b) Shall, in a disability retirement proceeding before the commission, be subject to the standard of proof of clear and convincing evidence sufficient to sustain a claim to a reasonable certainty.
(c) Shall support the application with written statements described in subdivision (c) of Section 75560.1 from each of at least two physicians or two psychiatrists.
(a) Shall be presumed not to be disabled and this presumption is a presumption affecting the burden of proof.
(b) Shall, in a disability retirement proceeding before the commission, be subject to the standard of proof of clear and convincing evidence sufficient to sustain a claim to a reasonable certainty.
(c) Shall support the application with written statements described in subdivision (c) of Section 75560.1 from each of at least two physicians or two psychiatrists.
A member who is defeated at an election and who either had
submitted, prior to the date of the election, an application for
disability retirement or submits, on or after the date of the
election, an application for disability retirement:
(a) Shall be presumed not to be disabled and this presumption is a presumption affecting the burden of proof.
(b) Shall, in a disability retirement proceeding before the commission, be subject to the standard of proof of clear and convincing evidence sufficient to sustain a claim to a reasonable certainty.
(c) Shall support the application with written statements described in subdivision (c) of Section 75560.1 from each of at least two physicians or two psychiatrists.
(a) Shall be presumed not to be disabled and this presumption is a presumption affecting the burden of proof.
(b) Shall, in a disability retirement proceeding before the commission, be subject to the standard of proof of clear and convincing evidence sufficient to sustain a claim to a reasonable certainty.
(c) Shall support the application with written statements described in subdivision (c) of Section 75560.1 from each of at least two physicians or two psychiatrists.
