21190. 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 a person who has not been so retired.
21191. 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, upon reinstatement, he or she will be employed by the
state or any contracting agency as a state or local miscellaneous
member.
21192. 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 service applicable to members of his or her class to
undergo medical examination, and upon his or her application for
reinstatement, shall cause a medical examination to be made of the
recipient who is at least six months less than the age of compulsory
retirement for service applicable to members of the class or category
in which it is proposed to employ him or her. 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, shall also cause the examination to be made upon application
for reinstatement to the position held at retirement or any position
in the same class, of a person who was incapacitated for performance
of duty in the position at the time of a prior reinstatement to
another position. The examination shall be made by a physician or
surgeon, appointed by the board or the governing body of the
employer, at the place of residence of the recipient or other place
mutually agreed upon. Upon the basis of the examination, the board or
the governing body shall determine whether he or she is still
incapacitated, physically or mentally, for duty in the state agency,
the university, or contracting agency, where he or she was employed
and in the position held by him or her when retired for disability,
or in a position in the same classification, and for the duties of
the position with regard to which he or she has applied for
reinstatement from retirement.
21193. 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 his or her employer offers to reinstate that
employee, his or her disability retirement allowance shall be
canceled immediately, and he or she shall become a member of this
system.
If the recipient was an employee of the state or of the university
and is so determined to be not incapacitated for duty in the
position held when retired for disability or in a position in the
same class, he or she shall be reinstated, at his or her option, to
that position. However, in that case, acceptance of any other
position shall immediately terminate any right to reinstatement. A
recipient who is found to continue to be incapacitated for duty in
his or her former position and class, but not incapacitated for duty
in another position for which he or she has applied for reinstatement
and who accepts employment in the other position, shall upon
subsequent discontinuance of incapacity for service in his or her
former position or a position in the same class, as determined by the
board under Section 21192, be reinstated at his or her option to
that position.
If the recipient was an employee of a contracting agency other
than a local safety member, with the exception of a school safety
member, the board shall notify it that his or her disability has
terminated and that he or she is eligible for reinstatement to duty.
The fact that he or she was retired for disability does not prejudice
any right to reinstatement to duty which he or she may claim.
21194. 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 thereafter may continue to be employed on a full-time
basis by the state, in the same manner as a person who has not been
so retired.
21195. (a) Notwithstanding any other section in Article 6
(commencing with Section 21150) or in this article, the Department of
Personnel Administration may reinstate a person who has retired for
industrial disability pursuant to Section 21410, within 12 months
after the effective date of retirement, if it has identified an
available position with duties that the employee is able to perform.
Upon reinstatement, the person shall become entitled to benefits
under the partial disability retirement program pursuant to Section
21160.
(b) This section shall not apply to any job-related or
job-incurred illness or injury that occurs on or after January 1,
2000.
21196. 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 retirement for service applicable to members of the
class or category in which it is proposed to employ him or her. The
provisions of clause (b) of this section shall apply only to patrol,
state peace officer/firefighters, and safety members. The effective
date of reinstatement for purposes of this article shall be the first
day of compensated employment following approval of reinstatement.
21197. 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 not incapacitated for the duties to be
assigned to him or her.
(c) The determination of the board that the employer from whose
employment the person was retired for industrial disability has been
furnished a notice of intent to reinstate that person, that contains
information that he or she may be entitled to resume an industrial
disability retirement allowance using the salaries earnable under the
miscellaneous member position upon termination of the miscellaneous
member employment.
21198. 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 requirements of Section 21196 shall not apply to that
reinstatement. Reinstatement shall be effective as of the date from
which salary is awarded in the administrative or judicial
proceedings, and his or her rights and obligations shall be as
specified in this article. However, amounts paid to the person during
retirement for any period after the date from which salary is
awarded, shall be repaid by him or her to this system, and
contributions shall be made for any period for which salary is
awarded in the administrative or judicial proceedings in the amount
that he or she would have contributed had his or her employment not
been terminated, and he or she shall receive credit as state service
for the period for which salary is awarded.
21199. 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 Governor to any state office or employment.
21200. 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 is the actuarial equivalent of his or
her annuity at the date of reinstatement, not to exceed the amount of
his or her accumulated contributions as it was at the date of
retirement. His or her future rate of contributions and his or her
retirement allowance upon subsequent retirement shall be determined
in accordance with Chapter 8 (commencing with Section 20670) and
Chapter 13 (commencing with Section 21250), respectively.
The actuarial equivalent under this section shall be adjusted by
the board every 10 years, or more frequently, to agree with the
interest rate and mortality tables in effect at the commencement of
each such 10-year or succeeding interval.
21201. 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 shall be credited with an amount that is the
actuarial equivalent of his or her annuity at the date of
reinstatement, not to exceed the amount of his or her accumulated
contributions as it was at the date of retirement. Upon subsequent
retirement, the board shall resume the payment of his or her previous
industrial disability retirement allowance using the highest
compensation earnable during any period of membership,
notwithstanding Section 20036, to recalculate the industrial
disability retirement allowance. The member shall receive, in
addition to the disability retirement allowance from the employment
in which he or she was granted the industrial disability retirement,
an annuity purchased with his or her accumulated normal contributions
made in respect to other employment covered by this system. If the
member is qualified for service retirement, he or she shall receive
his or her service retirement allowance, in lieu of the industrial
retirement allowance, if the service retirement allowance is greater.
21202. A person employed in violation of Section 21220 shall be
reinstated to membership in the category in which, and on the date on
which, the unlawful employment occurred.
21203. 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, he or she will be appointed by a state
board or commission to the position to which the board or commission
is entitled to appoint an employee exempt from civil service under
the provisions of Article VII of the California Constitution.
(b) In the judgment of the board or commission he or she has
special knowledge, experience and qualifications respecting the
activities of the board or commission.
21190. 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 a person who has not been so retired.
21191. 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, upon reinstatement, he or she will be employed by the
state or any contracting agency as a state or local miscellaneous
member.
21192. 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 service applicable to members of his or her class to
undergo medical examination, and upon his or her application for
reinstatement, shall cause a medical examination to be made of the
recipient who is at least six months less than the age of compulsory
retirement for service applicable to members of the class or category
in which it is proposed to employ him or her. 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, shall also cause the examination to be made upon application
for reinstatement to the position held at retirement or any position
in the same class, of a person who was incapacitated for performance
of duty in the position at the time of a prior reinstatement to
another position. The examination shall be made by a physician or
surgeon, appointed by the board or the governing body of the
employer, at the place of residence of the recipient or other place
mutually agreed upon. Upon the basis of the examination, the board or
the governing body shall determine whether he or she is still
incapacitated, physically or mentally, for duty in the state agency,
the university, or contracting agency, where he or she was employed
and in the position held by him or her when retired for disability,
or in a position in the same classification, and for the duties of
the position with regard to which he or she has applied for
reinstatement from retirement.
21193. 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 his or her employer offers to reinstate that
employee, his or her disability retirement allowance shall be
canceled immediately, and he or she shall become a member of this
system.
If the recipient was an employee of the state or of the university
and is so determined to be not incapacitated for duty in the
position held when retired for disability or in a position in the
same class, he or she shall be reinstated, at his or her option, to
that position. However, in that case, acceptance of any other
position shall immediately terminate any right to reinstatement. A
recipient who is found to continue to be incapacitated for duty in
his or her former position and class, but not incapacitated for duty
in another position for which he or she has applied for reinstatement
and who accepts employment in the other position, shall upon
subsequent discontinuance of incapacity for service in his or her
former position or a position in the same class, as determined by the
board under Section 21192, be reinstated at his or her option to
that position.
If the recipient was an employee of a contracting agency other
than a local safety member, with the exception of a school safety
member, the board shall notify it that his or her disability has
terminated and that he or she is eligible for reinstatement to duty.
The fact that he or she was retired for disability does not prejudice
any right to reinstatement to duty which he or she may claim.
21194. 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 thereafter may continue to be employed on a full-time
basis by the state, in the same manner as a person who has not been
so retired.
21195. (a) Notwithstanding any other section in Article 6
(commencing with Section 21150) or in this article, the Department of
Personnel Administration may reinstate a person who has retired for
industrial disability pursuant to Section 21410, within 12 months
after the effective date of retirement, if it has identified an
available position with duties that the employee is able to perform.
Upon reinstatement, the person shall become entitled to benefits
under the partial disability retirement program pursuant to Section
21160.
(b) This section shall not apply to any job-related or
job-incurred illness or injury that occurs on or after January 1,
2000.
21196. 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 retirement for service applicable to members of the
class or category in which it is proposed to employ him or her. The
provisions of clause (b) of this section shall apply only to patrol,
state peace officer/firefighters, and safety members. The effective
date of reinstatement for purposes of this article shall be the first
day of compensated employment following approval of reinstatement.
21197. 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 not incapacitated for the duties to be
assigned to him or her.
(c) The determination of the board that the employer from whose
employment the person was retired for industrial disability has been
furnished a notice of intent to reinstate that person, that contains
information that he or she may be entitled to resume an industrial
disability retirement allowance using the salaries earnable under the
miscellaneous member position upon termination of the miscellaneous
member employment.
21198. 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 requirements of Section 21196 shall not apply to that
reinstatement. Reinstatement shall be effective as of the date from
which salary is awarded in the administrative or judicial
proceedings, and his or her rights and obligations shall be as
specified in this article. However, amounts paid to the person during
retirement for any period after the date from which salary is
awarded, shall be repaid by him or her to this system, and
contributions shall be made for any period for which salary is
awarded in the administrative or judicial proceedings in the amount
that he or she would have contributed had his or her employment not
been terminated, and he or she shall receive credit as state service
for the period for which salary is awarded.
21199. 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 Governor to any state office or employment.
21200. 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 is the actuarial equivalent of his or
her annuity at the date of reinstatement, not to exceed the amount of
his or her accumulated contributions as it was at the date of
retirement. His or her future rate of contributions and his or her
retirement allowance upon subsequent retirement shall be determined
in accordance with Chapter 8 (commencing with Section 20670) and
Chapter 13 (commencing with Section 21250), respectively.
The actuarial equivalent under this section shall be adjusted by
the board every 10 years, or more frequently, to agree with the
interest rate and mortality tables in effect at the commencement of
each such 10-year or succeeding interval.
21201. 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 shall be credited with an amount that is the
actuarial equivalent of his or her annuity at the date of
reinstatement, not to exceed the amount of his or her accumulated
contributions as it was at the date of retirement. Upon subsequent
retirement, the board shall resume the payment of his or her previous
industrial disability retirement allowance using the highest
compensation earnable during any period of membership,
notwithstanding Section 20036, to recalculate the industrial
disability retirement allowance. The member shall receive, in
addition to the disability retirement allowance from the employment
in which he or she was granted the industrial disability retirement,
an annuity purchased with his or her accumulated normal contributions
made in respect to other employment covered by this system. If the
member is qualified for service retirement, he or she shall receive
his or her service retirement allowance, in lieu of the industrial
retirement allowance, if the service retirement allowance is greater.
21202. A person employed in violation of Section 21220 shall be
reinstated to membership in the category in which, and on the date on
which, the unlawful employment occurred.
21203. 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, he or she will be appointed by a state
board or commission to the position to which the board or commission
is entitled to appoint an employee exempt from civil service under
the provisions of Article VII of the California Constitution.
(b) In the judgment of the board or commission he or she has
special knowledge, experience and qualifications respecting the
activities of the board or commission.
21190. 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 a person who has not been so retired.
21191. 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, upon reinstatement, he or she will be employed by the
state or any contracting agency as a state or local miscellaneous
member.
21192. 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 service applicable to members of his or her class to
undergo medical examination, and upon his or her application for
reinstatement, shall cause a medical examination to be made of the
recipient who is at least six months less than the age of compulsory
retirement for service applicable to members of the class or category
in which it is proposed to employ him or her. 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, shall also cause the examination to be made upon application
for reinstatement to the position held at retirement or any position
in the same class, of a person who was incapacitated for performance
of duty in the position at the time of a prior reinstatement to
another position. The examination shall be made by a physician or
surgeon, appointed by the board or the governing body of the
employer, at the place of residence of the recipient or other place
mutually agreed upon. Upon the basis of the examination, the board or
the governing body shall determine whether he or she is still
incapacitated, physically or mentally, for duty in the state agency,
the university, or contracting agency, where he or she was employed
and in the position held by him or her when retired for disability,
or in a position in the same classification, and for the duties of
the position with regard to which he or she has applied for
reinstatement from retirement.
21193. 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 his or her employer offers to reinstate that
employee, his or her disability retirement allowance shall be
canceled immediately, and he or she shall become a member of this
system.
If the recipient was an employee of the state or of the university
and is so determined to be not incapacitated for duty in the
position held when retired for disability or in a position in the
same class, he or she shall be reinstated, at his or her option, to
that position. However, in that case, acceptance of any other
position shall immediately terminate any right to reinstatement. A
recipient who is found to continue to be incapacitated for duty in
his or her former position and class, but not incapacitated for duty
in another position for which he or she has applied for reinstatement
and who accepts employment in the other position, shall upon
subsequent discontinuance of incapacity for service in his or her
former position or a position in the same class, as determined by the
board under Section 21192, be reinstated at his or her option to
that position.
If the recipient was an employee of a contracting agency other
than a local safety member, with the exception of a school safety
member, the board shall notify it that his or her disability has
terminated and that he or she is eligible for reinstatement to duty.
The fact that he or she was retired for disability does not prejudice
any right to reinstatement to duty which he or she may claim.
21194. 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 thereafter may continue to be employed on a full-time
basis by the state, in the same manner as a person who has not been
so retired.
21195. (a) Notwithstanding any other section in Article 6
(commencing with Section 21150) or in this article, the Department of
Personnel Administration may reinstate a person who has retired for
industrial disability pursuant to Section 21410, within 12 months
after the effective date of retirement, if it has identified an
available position with duties that the employee is able to perform.
Upon reinstatement, the person shall become entitled to benefits
under the partial disability retirement program pursuant to Section
21160.
(b) This section shall not apply to any job-related or
job-incurred illness or injury that occurs on or after January 1,
2000.
21196. 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 retirement for service applicable to members of the
class or category in which it is proposed to employ him or her. The
provisions of clause (b) of this section shall apply only to patrol,
state peace officer/firefighters, and safety members. The effective
date of reinstatement for purposes of this article shall be the first
day of compensated employment following approval of reinstatement.
21197. 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 not incapacitated for the duties to be
assigned to him or her.
(c) The determination of the board that the employer from whose
employment the person was retired for industrial disability has been
furnished a notice of intent to reinstate that person, that contains
information that he or she may be entitled to resume an industrial
disability retirement allowance using the salaries earnable under the
miscellaneous member position upon termination of the miscellaneous
member employment.
21198. 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 requirements of Section 21196 shall not apply to that
reinstatement. Reinstatement shall be effective as of the date from
which salary is awarded in the administrative or judicial
proceedings, and his or her rights and obligations shall be as
specified in this article. However, amounts paid to the person during
retirement for any period after the date from which salary is
awarded, shall be repaid by him or her to this system, and
contributions shall be made for any period for which salary is
awarded in the administrative or judicial proceedings in the amount
that he or she would have contributed had his or her employment not
been terminated, and he or she shall receive credit as state service
for the period for which salary is awarded.
21199. 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 Governor to any state office or employment.
21200. 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 is the actuarial equivalent of his or
her annuity at the date of reinstatement, not to exceed the amount of
his or her accumulated contributions as it was at the date of
retirement. His or her future rate of contributions and his or her
retirement allowance upon subsequent retirement shall be determined
in accordance with Chapter 8 (commencing with Section 20670) and
Chapter 13 (commencing with Section 21250), respectively.
The actuarial equivalent under this section shall be adjusted by
the board every 10 years, or more frequently, to agree with the
interest rate and mortality tables in effect at the commencement of
each such 10-year or succeeding interval.
21201. 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 shall be credited with an amount that is the
actuarial equivalent of his or her annuity at the date of
reinstatement, not to exceed the amount of his or her accumulated
contributions as it was at the date of retirement. Upon subsequent
retirement, the board shall resume the payment of his or her previous
industrial disability retirement allowance using the highest
compensation earnable during any period of membership,
notwithstanding Section 20036, to recalculate the industrial
disability retirement allowance. The member shall receive, in
addition to the disability retirement allowance from the employment
in which he or she was granted the industrial disability retirement,
an annuity purchased with his or her accumulated normal contributions
made in respect to other employment covered by this system. If the
member is qualified for service retirement, he or she shall receive
his or her service retirement allowance, in lieu of the industrial
retirement allowance, if the service retirement allowance is greater.
21202. A person employed in violation of Section 21220 shall be
reinstated to membership in the category in which, and on the date on
which, the unlawful employment occurred.
21203. 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, he or she will be appointed by a state
board or commission to the position to which the board or commission
is entitled to appoint an employee exempt from civil service under
the provisions of Article VII of the California Constitution.
(b) In the judgment of the board or commission he or she has
special knowledge, experience and qualifications respecting the
activities of the board or commission.
