0 chapters · 15,253 sections in this title.
Gov. Code § 21154 Section 21154
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The application shall be made only (a) while the member is in state service, or (b) while the member for whom contributions will be made under Section 20997, is absent on military service, or (c) within four months after the discontinuance of the state service of the member, or w…
Gov. Code § 21155 Section 21155
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If the board requests a person to submit to a medical examination, he or she shall be entitled to reimbursement for expenses of transportation, and meals and lodging incident to the examination if he or she is required to travel more than 50 miles one way. Standard per diem rates…
Gov. Code § 21156 Section 21156
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(a) (1) If the medical examination and other available information show to the satisfaction of the board, or in case of a local safety member, other than a school safety member, the governing body of the contracting agency employing the member, that the member in the state servic…
Gov. Code § 21157 Section 21157
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The governing body of a contracting agency shall make its determination within six months of the date of the receipt by the contracting agency of the request by the board pursuant to Section 21154 for a determination with respect to a local safety member. A local safety member ma…
Gov. Code § 21158 Section 21158
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Upon the receipt by the board of an application for disability retirement with respect to a state peace officer/firefighter member, state patrol member, or a state safety member, the board shall inform both the employer and the member of all information required for the board to …
Gov. Code § 21159 Section 21159
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(a) Notwithstanding any other provision of law, a state member shall not be retired for industrial disability for an illness or injury that occurs on or after January 1, 1993, unless the member is incapacitated for the performance of duty in any employment with the state employer…
Gov. Code § 21160 Section 21160
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(a) Any state member who is subject to Section 21159 and does not qualify for industrial disability retirement under this part, or is reinstated from industrial disability retirement pursuant to Section 21195, and accepts another job in state service, shall be paid a partial disa…
Gov. Code § 21161 Section 21161
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(a) A partial disability retirement program is established by Section 21160 for state employees subject to Section 21159. The benefits paid under this program shall be paid pursuant to Sections 21159 and 21160 and shall not be considered compensation for purposes of Section 20630…
Gov. Code § 21162 Section 21162
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A member whose membership continues under Section 20731 shall be retired for disability and receive a retirement allowance based on the service credited to him or her at the time of retirement during any period in which he or she receives a disability retirement allowance under a…
Gov. Code § 21163 Section 21163
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Notwithstanding any other provision of this article, the retirement of a member who has been granted or is entitled to sick leave or who is entitled to compensating time off for overtime, shall not become effective until the expiration of the sick leave with compensation and the …
Gov. Code § 21164 Section 21164
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Notwithstanding any other provision of this article, the retirement for disability of a local safety member, other than a school safety member, shall not be effective without the member’s consent earlier than the date upon which leave of absence without loss of salary under Secti…
Gov. Code § 21165 Section 21165
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Notwithstanding any other provision of this article, the retirement for disability of a member, other than a local safety member, with the exception of a school safety member, who has been granted or is entitled to a leave of absence with compensation, which shall include nonindu…
Gov. Code § 21166 Section 21166
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If a member is entitled to a different disability retirement allowance according to whether the disability is industrial or nonindustrial and the member claims that the disability as found by the board, or in the case of a local safety member by the governing body of his or her e…
Gov. Code § 21167 Section 21167
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At any time within 20 days after the service of any findings of fact by the Workers’ Compensation Appeals Board under this part, any party aggrieved thereby, or the board, may petition for a rehearing upon one or more of the following grounds, and no other: (a) That the Workers’ …
Gov. Code § 21168 Section 21168
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Within 30 days after the petition for rehearing is denied, or, if the petition is granted, within 30 days after the rendition of amended findings of fact on rehearing, any person affected thereby, including this system, may apply to the Supreme Court or to the court of appeal of …
Gov. Code § 21169 Section 21169
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The writ of review shall be made returnable not later than 30 days after the date of issuance thereof, and shall direct the Workers’ Compensation Appeals Board to certify its record in the case to the court. On the return day the cause shall be heard in the court unless continued…
Gov. Code § 21170 Section 21170
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The review by the court shall not be extended further than to determine whether the Workers’ Compensation Appeals Board acted without or in excess of its powers, or unreasonably, or whether its act was procured by fraud.
Gov. Code § 21171 Section 21171
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The Workers’ Compensation Appeals Board shall have continuing jurisdiction over its determinations made under Section 21166 and may at any time within five years of the date of injury, upon notice and after an opportunity to be heard is given to the parties in interest, rescind, …
Gov. Code § 21172 Section 21172
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If the retirement allowance of any person retired for disability is canceled for any cause other than reentrance into state service, and if he or she does not reenter state service, an amount that is the actuarial equivalent of his or her annuity at cancellation, based on a disab…
Gov. Code § 21173 Section 21173
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The governing body of a contracting agency may delegate any authority or duty conferred or imposed under this article to a subordinate officer subject to conditions it may impose.
Gov. Code § 21174 Section 21174
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If it is not claimed that the disability is industrial or if the claim is made and the member so requests, the board shall proceed with retirement and with the payment of the benefits as are payable when disability is not industrial. If the Workers’ Compensation Appeals Board sub…
Gov. Code § 21175 Section 21175
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If any recipient of a disability retirement allowance under the minimum age for voluntary retirement for service applicable to members of his or her class refuses to submit to medical examination the pension portions of his or her allowance may be discontinued until his or her wi…
Gov. Code § 21176 Section 21176
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If a recipient of a disability retirement allowance reenters state service and is eligible for membership in this system, his or her allowance shall be canceled and he or she shall immediately become a member of this system. His or her individual account shall be credited with an…
Gov. Code § 21190 Section 21190
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A person who has been retired under this system for service may be reinstated from retirement by the board as provided in this article, and thereafter may be employed by the state or by a contracting agency in accordance with the laws governing that service, in the same manner as…
Gov. Code § 21191 Section 21191
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Subject to Sections 21197 and 21201, notwithstanding any other provision of law to the contrary, a person who has been retired under this system for industrial disability shall be reinstated from retirement pursuant to this article, upon his or her application to the board, if, u…
Gov. Code § 21192 Section 21192
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The board, or in case of a local safety member, other than a school safety member, the governing body of the employer from whose employment the person was retired, may require any recipient of a disability retirement allowance under the minimum age for voluntary retirement for se…
Gov. Code § 21193 Section 21193
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If the determination pursuant to Section 21192 is that the recipient is not so incapacitated for duty in the position held when retired for disability or in a position in the same classification or in the position with regard to which he or she has applied for reinstatement and h…
Gov. Code § 21194 Section 21194
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A person who has been partially retired under this system pursuant to Article 1.7 (commencing with Section 19996.30) of Chapter 7 of Part 2.6 or pursuant to Sections 21110 through 21115 may be reinstated from partial retirement by the board as provided in this article, and therea…
Gov. Code § 21195 Section 21195
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(a) Notwithstanding any other section in Article 6 (commencing with Section 21150) or in this article, the Department of Human Resources may reinstate a person who has retired for industrial disability pursuant to Section 21410, within 12 months after the effective date of retire…
Gov. Code § 21196 Section 21196
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The board may reinstate a person from retirement upon (a) his or her application to the board for reinstatement and (b) the determination of the board that his or her age at the date of application for reinstatement is at least six months less than the age of compulsory retiremen…
Gov. Code § 21197 Section 21197
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The board may reinstate a person from industrial disability retirement to a miscellaneous member position upon all of the following: (a) His or her application to the board for reinstatement. (b) The determination of the board, based upon medical examination, that he or she is no…
Gov. Code § 21198 Section 21198
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A person who has been retired under this system for service following an involuntary termination of his or her employment, and who is subsequently reinstated to that employment pursuant to an administrative or judicial proceeding, shall be reinstated from retirement. The requirem…
Gov. Code § 21199 Section 21199
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A person who has been retired under this system for service may be reinstated from retirement pursuant to this article, without regard to the requirements of Section 21196, upon his or her application to the board, if, upon reinstatement, he or she will be appointed by the Govern…
Gov. Code § 21200 Section 21200
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When any person is reinstated from retirement under this article, his or her retirement allowance shall be canceled immediately, and he or she shall become a member of this system as of the date of reinstatement. His or her individual account shall be credited with an amount that…
Gov. Code § 21201 Section 21201
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When any person is reinstated from industrial disability retirement under Sections 21191 and 21197, his or her retirement allowance shall be canceled immediately, and he or she shall become a member of this system as of the date of reinstatement. His or her individual account sha…
Gov. Code § 21202 Section 21202
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A person employed in violation of Section 21220 may be reinstated to membership in the category in which, and on the date on which, the unlawful employment occurred.
Gov. Code § 21203 Section 21203
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A person who has been retired under this system for service may be reinstated from retirement pursuant to this article, without regard to the requirements of Section 21196, upon his or her application to the board if both of the following conditions occur: (a) Upon reinstatement,…
Gov. Code § 21220 Section 21220
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(a) A person who has been retired under this system, for service or for disability, may not be employed in any capacity thereafter by the state, the university, a school employer, or a contracting agency, unless the employment qualifies for service credit in the University of Cal…
Gov. Code § 21220.5 Section 21220.5
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A retired person who has not attained the normal retirement age shall have a bona fide separation in service to the extent required by the Internal Revenue Code, and the regulations promulgated thereunder, before working after retirement pursuant to this article. The board shall …
Gov. Code § 21221 Section 21221
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A retired person may serve without reinstatement from retirement or loss or interruption of benefits provided by this system, as follows: (a) As a member of any board, commission, or advisory committee, upon appointment by the Governor, the Speaker of the Assembly, the President …
Gov. Code § 21222 Section 21222
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Notwithstanding Section 21221, if a retired person serves without reinstatement from retirement in an elective office and part or all of his or her retirement allowance is based on service in that elective office, the portion of the allowance based on service in that elective off…
Gov. Code § 21223 Section 21223
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A retired person may serve without reinstatement from retirement or loss or interruption of benefits provided under this system upon approval of the Director of Human Resources or the governing body of a contracting agency, as the case may be, under employment by any state or con…
Gov. Code § 21224 Section 21224
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(a) A retired person may serve without reinstatement from retirement or loss or interruption of benefits provided by this system upon appointment by the appointing power of a state agency or public agency employer either during an emergency to prevent stoppage of public business …
Gov. Code § 21225 Section 21225
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(a) A retired person may serve without reinstatement from retirement or loss or interruption of benefits provided by this system as a substitute in a position requiring certification qualifications, pursuant to Section 59007 or 59113 of the Education Code, at the California Schoo…
Gov. Code § 21226 Section 21226
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(a) A retired person may serve without reinstatement from retirement or loss or interruption of benefits provided by this system as a member of the academic staff of a California community college or of the University of California, if that service does not exceed a total for all…
Gov. Code § 21227 Section 21227
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(a) A retired person may serve without reinstatement from retirement or loss or interruption of benefits provided by this system as a member of the academic staff of the California State University, if that service does not exceed a total for all employers of 960 hours in a fisca…
Gov. Code § 21229 Section 21229
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(a) A retired person may serve without reinstatement from retirement or loss or interruption of benefits provided by this system upon appointment by a school employer or by the Trustees of the California State University either during an emergency to prevent stoppage of public bu…
Gov. Code § 21230 Section 21230
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(a) A safety member who is retired for service, with at least 20 years of service in corrections or at a jail, may serve without reinstatement from service retirement or loss or interruption of benefits provided by this system upon appointment by a contracting agency described in…
Gov. Code § 21231 Section 21231
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(a) On and after January 1, 2013, a retired person may serve without reinstatement from retirement or loss or interruption of benefits provided by this system, as an elective officer. (b) If a retired person serves without reinstatement from retirement in an elective office and p…
Gov. Code § 21232 Section 21232
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On and after January 1, 2013, a person who has retired for disability and has not attained the mandatory age for retirement for persons in the employment in which he or she will be employed, and whom the board finds is not disabled for that employment, may be so employed by any e…