24001. (a) A member may apply for a disability allowance under the
Defined Benefit Program, upon written application for disability
allowance to the board on a properly executed form provided by the
system, if the member has five or more years of credited service and
if all of the following requirements are met:
(1) At least four years were credited for actual performance of
service subject to coverage under the Defined Benefit Program. Credit
received because of workers' compensation payments shall be counted
toward the four-year requirement in accordance with Section 22710.
(2) The last five years of credited service were performed in this
state.
(3) Except as described in subdivision (d) of Section 24201.5, at
least one year was credited for service performed subsequent to the
date on which the member terminated the service retirement allowance
under Section 24208.
(4) At least one year was credited for service performed
subsequent to the most recent refund of accumulated retirement
contributions.
(5) The member has neither attained normal retirement age, nor
possesses sufficient unused sick leave days to receive creditable
compensation on account of sick leave to normal retirement age.
(6) The member is not applying for a disability allowance because
of a physical or mental condition known to exist at the time the most
recent membership in the Defined Benefit Program commenced and
remains substantially unchanged at the time of application.
(b) Nothing in subdivision (a) shall affect the right of a member
to a disability allowance under this part if the reason that the
member is credited with less than four years of actual service
performed subject to coverage under the Defined Benefit Program is
due to an on-the-job injury or a disease that occurred while the
member was employed and the four-year requirement can be satisfied by
credit obtained under Chapter 14 (commencing with Section 22800) or
Chapter 14.5 (commencing with Section 22850) in addition to any
credit received from workers' compensation payments.
(c) Nothing in subdivision (a) shall affect the right of a member
under this part who has less than five years of credited service to a
disability allowance if the following conditions are met:
(1) The member has at least one year of credited service performed
in this state.
(2) The disability is the direct result of an unlawful act of
bodily injury that was perpetrated on his or her person by another
human being while the member was performing his or her official
duties in a position subject to coverage under the Defined Benefit
Program.
(3) The member provides documentation of the unlawful act in the
form of an official police report or official employer incident
report.
(d) A member who is eligible to apply for a disability allowance
pursuant to this section may also apply for a service retirement
pending a determination of his or her application for disability as
described in Section 24201.5.
24001.5. A member shall not be eligible for a disability allowance
under the Defined Benefit Program while on a leave of absence to
serve as a full-time elected officer of an employee organization,
even if the member receives service credit under Section 22711.
24002. The board may authorize payment of a disability allowance to
any member who is qualified upon application under this part by the
member, the member's guardian or conservator, or the member's
employer, if the application is submitted on a properly executed form
prescribed by the system during any one of the following periods:
(a) While the member is employed or on a compensated leave of
absence.
(b) While the member is physically or mentally incapacitated for
performance of service and the incapacity has been continuous from
the last day of actual performance of service for which compensation
is payable to the member.
(c) While the member is on a leave of absence without
compensation, granted for reason other than mental or physical
incapacity for performance of service, and within four months after
the last day of actual performance of service for which compensation
is payable to the member, or within 12 months of that date if the
member is on an employer-approved leave to study at an approved
college or university.
(d) Within four months after the termination of the member's
employment subject to coverage under the Defined Benefit Program, if
the application was not made under subdivision (b) and was not made
more than four months after the last day of actual performance of
service for which compensation is payable to the member.
(e) A member with a dependent child, who becomes disabled prior to
normal retirement age, and whose sick leave will extend beyond
normal retirement age, may be awarded a disability allowance with an
effective date after normal retirement age, if the application is
filed prior to attaining normal retirement age.
(f) The member is not applying for a disability allowance because
of a physical or mental condition that existed at the time the most
recent membership in the Defined Benefit Program commenced and which
remains substantially unchanged at the time of application.
24003. (a) The member shall provide medical documentation to
substantiate the impairment qualifying the member for the disability
allowance.
(b) On receipt of an application for disability allowance under
this part, the system may order a medical examination of a member to
determine whether the member is incapacitated for performance of
service. The medical examination shall be conducted by a practicing
physician, selected by the board, with expertise in the member's
disability and the board shall pay all costs associated with the
examination. The board shall pay all other reasonable costs related
to travel and meals in accordance with the rates set for state
employees by the Department of Personnel Administration. If the
member refuses to submit to the required medical examination, the
application for disability allowance shall be rejected. The member
shall either remain in this state, or return to this state at the
member's own expense, to undergo the initial evaluations or
examinations, or the application shall be rejected, unless this
requirement is waived by the board. If the member is too ill to be
examined, the system shall postpone the examination until the member
can be examined. The member or the member's treating physician shall
inform the system, in writing, when the medical examination can be
rescheduled.
(c) The system may reject the disability allowance application
under this part if the member fails to provide requested medical
documentation to substantiate a disability, as defined in Section
22126, within 45 days from the date of the request or within 30 days
from the time that a legally designated representative is empowered
to act on behalf of a member who is mentally or physically
incapacitated.
(d) If the board determines that a member who has applied for a
disability allowance under this part may perform service in the
member's former position of employment or in a comparable level
position with the assistance of reasonable accommodation, the board
may require the member to request reasonable accommodation from the
employer. Failure of the member to request reasonable accommodation,
as directed by the board, may be grounds for cancellation of the
disability allowance application.
(e) If the employer fails or refuses to provide reasonable
accommodation, the board may require the member to pursue an
administrative appeal of the employer's denial as a condition for
receiving a disability allowance under this part.
(f) The system shall inform the member of the rejection or
cancellation of the member's disability allowance application under
this part within 30 days after that determination is made by the
system.
(g) In determining whether a member meets the definition of
disability pursuant to Section 22126, the board shall make a
determination on the basis of competent medical documentation and
shall not use the awarding of a disability allowance as a substitute
for the disciplinary process.
24004. In cases of a member's willful substance abuse or if the
board determines a member who qualifies for a disability allowance
pursuant to Section 24001 has mental, physical, or vocational
rehabilitation potential, the board may limit the disability
allowance under this part to a period not to exceed two years from
the date of approval of the disability allowance. Notwithstanding
Section 24013, the disability allowance shall terminate at the end of
the period granted unless an extension is granted by the board.
24005. (a) A disability allowance under this part shall become
effective upon any date designated by the member, provided all of the
following conditions are met:
(1) An application for disability allowance is filed on a properly
executed form prescribed by the system.
(2) The effective date is later than the last day of creditable
service for which compensation is payable to the member.
(3) The effective date is no earlier than either the first day of
the month in which the application is received by the system's
headquarters office, as established pursuant to Section 22375, or the
date upon and continuously after which the member is determined to
the satisfaction of the board to have been mentally incompetent.
(b) If the member is employed to perform creditable service
subject to coverage under the Defined Benefit Program at the time the
disability allowance is approved under this part, the member shall
notify the system in writing, within 90 days, of the last day on
which the member will perform service. If the member does not respond
within 90 days, or if the last day on which service will be
performed is more than 90 days after the date the system notifies the
member of approval of the disability allowance, the member's
application for a disability allowance shall be rejected and a
disability allowance shall not be payable to the member.
24006. Upon qualification for disability under this part, a member
shall receive an annual allowance equal to 50 percent of final
compensation payable in monthly installments. The allowance shall be
increased by 10 percent of final compensation for each dependent
child, to a maximum of four dependent children.
24007. A member who qualifies for a disability allowance under this
chapter and who has attained age 45 years, but who has not yet
attained age 60 years, shall have his or her allowance calculated
upon service with each year of credited California service providing
5 percent of final compensation. The disabled member shall receive
the lesser of this amount or the amount provided by Section 24006. A
child's portion of the allowance shall be determined pursuant to
Section 24006. This section shall not apply to a member who is
eligible to apply for a disability allowance under subdivision (c) of
Section 24001.
24009. A disability allowance payable pursuant to Sections 24006
and 24007 that includes a child's portion shall be reduced when a
dependent child becomes ineligible. The reduction shall take into
account the increases made by application of the improvement factor.
However, the member's disability allowance shall not be less than it
would have been if there had never been a dependent child.
24010. Allowances payable under Sections 24006 and 24007 shall be
reduced by an amount equal to the unmodified benefits paid or payable
under other public systems for the same impairment or impairments
that qualify the member for a disability allowance under this part.
With respect to workers' compensation payments that are subject to
liens under Section 4903 of the Labor Code, "unmodified benefits,"
for purposes of this section, shall only include payments for
temporary disability, vocational rehabilitation monthly allowance,
and permanent disability.
24011. A member who qualifies for disability allowance pursuant to
this chapter because of a disabling impairment that is amenable to
treatment that could be expected to restore the member's ability to
perform service in the member's former position of employment or a
comparable level position shall participate in a treatment program
prescribed by the member's primary treating physician. Willful
failure to initiate and continue participation in the treatment
program shall cause the disability allowance to be terminated. In
determining whether a member has good cause for failure to follow the
treatment program, the board shall take into account whether
treatment would abridge the member's right to the free exercise of
religion or whether the member's physical or mental condition has
worsened, as determined by the member's treating physician and
substantiated by medical evidence.
24012. (a) A member who is receiving a disability allowance
pursuant to this chapter who is determined by the board to have a
mental, physical, or vocational rehabilitation potential that could
be expected to restore the member's ability to perform service in the
member's former position of employment or a comparable level
position shall participate in an appropriate rehabilitation program
approved by the board. The board shall pay all reasonable costs of
the approved program. Willful failure to initiate and continue
participation in the rehabilitation program shall cause the
disability allowance to be terminated. In determining whether a
member has good cause for failure to participate in the program, the
board shall take into account whether the participation would abridge
the member's right to the free exercise of religion or whether the
member's physical or mental condition has worsened, as determined by
the member's treating physician and substantiated by medical
evidence.
(b) Any cost for the approved rehabilitation program prescribed by
the board shall be paid directly by the system from the fund.
24013. The board may require any member receiving a disability
allowance under this part to undergo medical examination at such
times as the board deems necessary. The system may request the member'
s treating physician, upon authorization by the disabled member, to
complete a medical reevaluation questionnaire. The system shall
reimburse the disabled member for all reasonable costs related to
completion of this questionnaire in an amount not to exceed two
hundred fifty dollars ($250) if the disabled member has no other
health coverage that would pay the costs of completing the medical
questionnaire. The board may authorize a medical examination to be
conducted by the disabled member's treating source at the disabled
member's expense and, in any case, may require a medical examination
to be conducted by a physician selected by the board, in which event,
the board shall pay all reasonable costs associated with the
examination. The board shall, in scheduling medical examinations,
give consideration to the interests and convenience of the disabled
member. If the examination, together with other available
information, shows to the satisfaction of the board that the member
is no longer disabled, the disability allowance shall be terminated.
Should the disabled member refuse to submit to medical examination,
as provided in this section, the disability allowance shall be
terminated and all rights of the disabled member to the disability
allowance shall be revoked.
24014. A disabled member may be employed to perform creditable
service subject to coverage under the Defined Benefit Program. The
employment shall not cause the disability allowance to be suspended
or terminated except as provided in Sections 23401, 24013, and 24015,
and no deduction shall be made from the disabled member's
compensation as contributions to the Defined Benefit Program.
24015. Notwithstanding Section 22132, if a person who begins to
receive a disability allowance under this part after June 30, 1972,
is employed, or is self-employed in any capacity in which his or her
average earnings for any prior continuous six months amount to 66 2/3
percent of the indexed final compensation, the person shall be
presumed capable of performing gainful employment and no longer
disabled. The disability allowance shall be terminated on the first
day of the month following the six-month period. Any allowance paid
thereafter shall be considered an overpayment and recovery shall be
made.
24016. (a) For any one or more months in which the total of a
disabled member's allowance under this part, excluding children's
portions, and earnings exceed 100 percent of indexed final
compensation, 100 percent of the amount in excess shall be considered
an overpayment and recovery shall be made.
(b) This action shall not apply to disabled members who have
allowances terminated under Section 24015 or who are enrolled in an
approved rehabilitation program.
24017. If a person who began receiving a disability allowance under
this part after June 30, 1972, is enrolled in an approved
rehabilitation program and the total of the disability allowance,
excluding children's portions, and earnings exceed 100 percent of
indexed final compensation, 50 percent of the amount in excess shall
be considered an overpayment and recovery shall be made.
24018. When a disabled member returns to work in his or her former
position of employment or in a comparable level position and within
six months of return experiences a recurrence of the original
disability, that can be medically substantiated, it shall be
considered, for the purpose of determining the duration of the
disability, that the condition had its onset as of the date the
member first became disabled. The former disability allowance under
this part shall again become payable as of the later of the first day
of the month in which the recurrence of the disability occurred or
the last day of creditable service for which compensation is payable
to the member provided the member complies with the provisions of
Section 24003.
24001. (a) A member may apply for a disability allowance under the
Defined Benefit Program, upon written application for disability
allowance to the board on a properly executed form provided by the
system, if the member has five or more years of credited service and
if all of the following requirements are met:
(1) At least four years were credited for actual performance of
service subject to coverage under the Defined Benefit Program. Credit
received because of workers' compensation payments shall be counted
toward the four-year requirement in accordance with Section 22710.
(2) The last five years of credited service were performed in this
state.
(3) Except as described in subdivision (d) of Section 24201.5, at
least one year was credited for service performed subsequent to the
date on which the member terminated the service retirement allowance
under Section 24208.
(4) At least one year was credited for service performed
subsequent to the most recent refund of accumulated retirement
contributions.
(5) The member has neither attained normal retirement age, nor
possesses sufficient unused sick leave days to receive creditable
compensation on account of sick leave to normal retirement age.
(6) The member is not applying for a disability allowance because
of a physical or mental condition known to exist at the time the most
recent membership in the Defined Benefit Program commenced and
remains substantially unchanged at the time of application.
(b) Nothing in subdivision (a) shall affect the right of a member
to a disability allowance under this part if the reason that the
member is credited with less than four years of actual service
performed subject to coverage under the Defined Benefit Program is
due to an on-the-job injury or a disease that occurred while the
member was employed and the four-year requirement can be satisfied by
credit obtained under Chapter 14 (commencing with Section 22800) or
Chapter 14.5 (commencing with Section 22850) in addition to any
credit received from workers' compensation payments.
(c) Nothing in subdivision (a) shall affect the right of a member
under this part who has less than five years of credited service to a
disability allowance if the following conditions are met:
(1) The member has at least one year of credited service performed
in this state.
(2) The disability is the direct result of an unlawful act of
bodily injury that was perpetrated on his or her person by another
human being while the member was performing his or her official
duties in a position subject to coverage under the Defined Benefit
Program.
(3) The member provides documentation of the unlawful act in the
form of an official police report or official employer incident
report.
(d) A member who is eligible to apply for a disability allowance
pursuant to this section may also apply for a service retirement
pending a determination of his or her application for disability as
described in Section 24201.5.
24001.5. A member shall not be eligible for a disability allowance
under the Defined Benefit Program while on a leave of absence to
serve as a full-time elected officer of an employee organization,
even if the member receives service credit under Section 22711.
24002. The board may authorize payment of a disability allowance to
any member who is qualified upon application under this part by the
member, the member's guardian or conservator, or the member's
employer, if the application is submitted on a properly executed form
prescribed by the system during any one of the following periods:
(a) While the member is employed or on a compensated leave of
absence.
(b) While the member is physically or mentally incapacitated for
performance of service and the incapacity has been continuous from
the last day of actual performance of service for which compensation
is payable to the member.
(c) While the member is on a leave of absence without
compensation, granted for reason other than mental or physical
incapacity for performance of service, and within four months after
the last day of actual performance of service for which compensation
is payable to the member, or within 12 months of that date if the
member is on an employer-approved leave to study at an approved
college or university.
(d) Within four months after the termination of the member's
employment subject to coverage under the Defined Benefit Program, if
the application was not made under subdivision (b) and was not made
more than four months after the last day of actual performance of
service for which compensation is payable to the member.
(e) A member with a dependent child, who becomes disabled prior to
normal retirement age, and whose sick leave will extend beyond
normal retirement age, may be awarded a disability allowance with an
effective date after normal retirement age, if the application is
filed prior to attaining normal retirement age.
(f) The member is not applying for a disability allowance because
of a physical or mental condition that existed at the time the most
recent membership in the Defined Benefit Program commenced and which
remains substantially unchanged at the time of application.
24003. (a) The member shall provide medical documentation to
substantiate the impairment qualifying the member for the disability
allowance.
(b) On receipt of an application for disability allowance under
this part, the system may order a medical examination of a member to
determine whether the member is incapacitated for performance of
service. The medical examination shall be conducted by a practicing
physician, selected by the board, with expertise in the member's
disability and the board shall pay all costs associated with the
examination. The board shall pay all other reasonable costs related
to travel and meals in accordance with the rates set for state
employees by the Department of Personnel Administration. If the
member refuses to submit to the required medical examination, the
application for disability allowance shall be rejected. The member
shall either remain in this state, or return to this state at the
member's own expense, to undergo the initial evaluations or
examinations, or the application shall be rejected, unless this
requirement is waived by the board. If the member is too ill to be
examined, the system shall postpone the examination until the member
can be examined. The member or the member's treating physician shall
inform the system, in writing, when the medical examination can be
rescheduled.
(c) The system may reject the disability allowance application
under this part if the member fails to provide requested medical
documentation to substantiate a disability, as defined in Section
22126, within 45 days from the date of the request or within 30 days
from the time that a legally designated representative is empowered
to act on behalf of a member who is mentally or physically
incapacitated.
(d) If the board determines that a member who has applied for a
disability allowance under this part may perform service in the
member's former position of employment or in a comparable level
position with the assistance of reasonable accommodation, the board
may require the member to request reasonable accommodation from the
employer. Failure of the member to request reasonable accommodation,
as directed by the board, may be grounds for cancellation of the
disability allowance application.
(e) If the employer fails or refuses to provide reasonable
accommodation, the board may require the member to pursue an
administrative appeal of the employer's denial as a condition for
receiving a disability allowance under this part.
(f) The system shall inform the member of the rejection or
cancellation of the member's disability allowance application under
this part within 30 days after that determination is made by the
system.
(g) In determining whether a member meets the definition of
disability pursuant to Section 22126, the board shall make a
determination on the basis of competent medical documentation and
shall not use the awarding of a disability allowance as a substitute
for the disciplinary process.
24004. In cases of a member's willful substance abuse or if the
board determines a member who qualifies for a disability allowance
pursuant to Section 24001 has mental, physical, or vocational
rehabilitation potential, the board may limit the disability
allowance under this part to a period not to exceed two years from
the date of approval of the disability allowance. Notwithstanding
Section 24013, the disability allowance shall terminate at the end of
the period granted unless an extension is granted by the board.
24005. (a) A disability allowance under this part shall become
effective upon any date designated by the member, provided all of the
following conditions are met:
(1) An application for disability allowance is filed on a properly
executed form prescribed by the system.
(2) The effective date is later than the last day of creditable
service for which compensation is payable to the member.
(3) The effective date is no earlier than either the first day of
the month in which the application is received by the system's
headquarters office, as established pursuant to Section 22375, or the
date upon and continuously after which the member is determined to
the satisfaction of the board to have been mentally incompetent.
(b) If the member is employed to perform creditable service
subject to coverage under the Defined Benefit Program at the time the
disability allowance is approved under this part, the member shall
notify the system in writing, within 90 days, of the last day on
which the member will perform service. If the member does not respond
within 90 days, or if the last day on which service will be
performed is more than 90 days after the date the system notifies the
member of approval of the disability allowance, the member's
application for a disability allowance shall be rejected and a
disability allowance shall not be payable to the member.
24006. Upon qualification for disability under this part, a member
shall receive an annual allowance equal to 50 percent of final
compensation payable in monthly installments. The allowance shall be
increased by 10 percent of final compensation for each dependent
child, to a maximum of four dependent children.
24007. A member who qualifies for a disability allowance under this
chapter and who has attained age 45 years, but who has not yet
attained age 60 years, shall have his or her allowance calculated
upon service with each year of credited California service providing
5 percent of final compensation. The disabled member shall receive
the lesser of this amount or the amount provided by Section 24006. A
child's portion of the allowance shall be determined pursuant to
Section 24006. This section shall not apply to a member who is
eligible to apply for a disability allowance under subdivision (c) of
Section 24001.
24009. A disability allowance payable pursuant to Sections 24006
and 24007 that includes a child's portion shall be reduced when a
dependent child becomes ineligible. The reduction shall take into
account the increases made by application of the improvement factor.
However, the member's disability allowance shall not be less than it
would have been if there had never been a dependent child.
24010. Allowances payable under Sections 24006 and 24007 shall be
reduced by an amount equal to the unmodified benefits paid or payable
under other public systems for the same impairment or impairments
that qualify the member for a disability allowance under this part.
With respect to workers' compensation payments that are subject to
liens under Section 4903 of the Labor Code, "unmodified benefits,"
for purposes of this section, shall only include payments for
temporary disability, vocational rehabilitation monthly allowance,
and permanent disability.
24011. A member who qualifies for disability allowance pursuant to
this chapter because of a disabling impairment that is amenable to
treatment that could be expected to restore the member's ability to
perform service in the member's former position of employment or a
comparable level position shall participate in a treatment program
prescribed by the member's primary treating physician. Willful
failure to initiate and continue participation in the treatment
program shall cause the disability allowance to be terminated. In
determining whether a member has good cause for failure to follow the
treatment program, the board shall take into account whether
treatment would abridge the member's right to the free exercise of
religion or whether the member's physical or mental condition has
worsened, as determined by the member's treating physician and
substantiated by medical evidence.
24012. (a) A member who is receiving a disability allowance
pursuant to this chapter who is determined by the board to have a
mental, physical, or vocational rehabilitation potential that could
be expected to restore the member's ability to perform service in the
member's former position of employment or a comparable level
position shall participate in an appropriate rehabilitation program
approved by the board. The board shall pay all reasonable costs of
the approved program. Willful failure to initiate and continue
participation in the rehabilitation program shall cause the
disability allowance to be terminated. In determining whether a
member has good cause for failure to participate in the program, the
board shall take into account whether the participation would abridge
the member's right to the free exercise of religion or whether the
member's physical or mental condition has worsened, as determined by
the member's treating physician and substantiated by medical
evidence.
(b) Any cost for the approved rehabilitation program prescribed by
the board shall be paid directly by the system from the fund.
24013. The board may require any member receiving a disability
allowance under this part to undergo medical examination at such
times as the board deems necessary. The system may request the member'
s treating physician, upon authorization by the disabled member, to
complete a medical reevaluation questionnaire. The system shall
reimburse the disabled member for all reasonable costs related to
completion of this questionnaire in an amount not to exceed two
hundred fifty dollars ($250) if the disabled member has no other
health coverage that would pay the costs of completing the medical
questionnaire. The board may authorize a medical examination to be
conducted by the disabled member's treating source at the disabled
member's expense and, in any case, may require a medical examination
to be conducted by a physician selected by the board, in which event,
the board shall pay all reasonable costs associated with the
examination. The board shall, in scheduling medical examinations,
give consideration to the interests and convenience of the disabled
member. If the examination, together with other available
information, shows to the satisfaction of the board that the member
is no longer disabled, the disability allowance shall be terminated.
Should the disabled member refuse to submit to medical examination,
as provided in this section, the disability allowance shall be
terminated and all rights of the disabled member to the disability
allowance shall be revoked.
24014. A disabled member may be employed to perform creditable
service subject to coverage under the Defined Benefit Program. The
employment shall not cause the disability allowance to be suspended
or terminated except as provided in Sections 23401, 24013, and 24015,
and no deduction shall be made from the disabled member's
compensation as contributions to the Defined Benefit Program.
24015. Notwithstanding Section 22132, if a person who begins to
receive a disability allowance under this part after June 30, 1972,
is employed, or is self-employed in any capacity in which his or her
average earnings for any prior continuous six months amount to 66 2/3
percent of the indexed final compensation, the person shall be
presumed capable of performing gainful employment and no longer
disabled. The disability allowance shall be terminated on the first
day of the month following the six-month period. Any allowance paid
thereafter shall be considered an overpayment and recovery shall be
made.
24016. (a) For any one or more months in which the total of a
disabled member's allowance under this part, excluding children's
portions, and earnings exceed 100 percent of indexed final
compensation, 100 percent of the amount in excess shall be considered
an overpayment and recovery shall be made.
(b) This action shall not apply to disabled members who have
allowances terminated under Section 24015 or who are enrolled in an
approved rehabilitation program.
24017. If a person who began receiving a disability allowance under
this part after June 30, 1972, is enrolled in an approved
rehabilitation program and the total of the disability allowance,
excluding children's portions, and earnings exceed 100 percent of
indexed final compensation, 50 percent of the amount in excess shall
be considered an overpayment and recovery shall be made.
24018. When a disabled member returns to work in his or her former
position of employment or in a comparable level position and within
six months of return experiences a recurrence of the original
disability, that can be medically substantiated, it shall be
considered, for the purpose of determining the duration of the
disability, that the condition had its onset as of the date the
member first became disabled. The former disability allowance under
this part shall again become payable as of the later of the first day
of the month in which the recurrence of the disability occurred or
the last day of creditable service for which compensation is payable
to the member provided the member complies with the provisions of
Section 24003.
24001. (a) A member may apply for a disability allowance under the
Defined Benefit Program, upon written application for disability
allowance to the board on a properly executed form provided by the
system, if the member has five or more years of credited service and
if all of the following requirements are met:
(1) At least four years were credited for actual performance of
service subject to coverage under the Defined Benefit Program. Credit
received because of workers' compensation payments shall be counted
toward the four-year requirement in accordance with Section 22710.
(2) The last five years of credited service were performed in this
state.
(3) Except as described in subdivision (d) of Section 24201.5, at
least one year was credited for service performed subsequent to the
date on which the member terminated the service retirement allowance
under Section 24208.
(4) At least one year was credited for service performed
subsequent to the most recent refund of accumulated retirement
contributions.
(5) The member has neither attained normal retirement age, nor
possesses sufficient unused sick leave days to receive creditable
compensation on account of sick leave to normal retirement age.
(6) The member is not applying for a disability allowance because
of a physical or mental condition known to exist at the time the most
recent membership in the Defined Benefit Program commenced and
remains substantially unchanged at the time of application.
(b) Nothing in subdivision (a) shall affect the right of a member
to a disability allowance under this part if the reason that the
member is credited with less than four years of actual service
performed subject to coverage under the Defined Benefit Program is
due to an on-the-job injury or a disease that occurred while the
member was employed and the four-year requirement can be satisfied by
credit obtained under Chapter 14 (commencing with Section 22800) or
Chapter 14.5 (commencing with Section 22850) in addition to any
credit received from workers' compensation payments.
(c) Nothing in subdivision (a) shall affect the right of a member
under this part who has less than five years of credited service to a
disability allowance if the following conditions are met:
(1) The member has at least one year of credited service performed
in this state.
(2) The disability is the direct result of an unlawful act of
bodily injury that was perpetrated on his or her person by another
human being while the member was performing his or her official
duties in a position subject to coverage under the Defined Benefit
Program.
(3) The member provides documentation of the unlawful act in the
form of an official police report or official employer incident
report.
(d) A member who is eligible to apply for a disability allowance
pursuant to this section may also apply for a service retirement
pending a determination of his or her application for disability as
described in Section 24201.5.
24001.5. A member shall not be eligible for a disability allowance
under the Defined Benefit Program while on a leave of absence to
serve as a full-time elected officer of an employee organization,
even if the member receives service credit under Section 22711.
24002. The board may authorize payment of a disability allowance to
any member who is qualified upon application under this part by the
member, the member's guardian or conservator, or the member's
employer, if the application is submitted on a properly executed form
prescribed by the system during any one of the following periods:
(a) While the member is employed or on a compensated leave of
absence.
(b) While the member is physically or mentally incapacitated for
performance of service and the incapacity has been continuous from
the last day of actual performance of service for which compensation
is payable to the member.
(c) While the member is on a leave of absence without
compensation, granted for reason other than mental or physical
incapacity for performance of service, and within four months after
the last day of actual performance of service for which compensation
is payable to the member, or within 12 months of that date if the
member is on an employer-approved leave to study at an approved
college or university.
(d) Within four months after the termination of the member's
employment subject to coverage under the Defined Benefit Program, if
the application was not made under subdivision (b) and was not made
more than four months after the last day of actual performance of
service for which compensation is payable to the member.
(e) A member with a dependent child, who becomes disabled prior to
normal retirement age, and whose sick leave will extend beyond
normal retirement age, may be awarded a disability allowance with an
effective date after normal retirement age, if the application is
filed prior to attaining normal retirement age.
(f) The member is not applying for a disability allowance because
of a physical or mental condition that existed at the time the most
recent membership in the Defined Benefit Program commenced and which
remains substantially unchanged at the time of application.
24003. (a) The member shall provide medical documentation to
substantiate the impairment qualifying the member for the disability
allowance.
(b) On receipt of an application for disability allowance under
this part, the system may order a medical examination of a member to
determine whether the member is incapacitated for performance of
service. The medical examination shall be conducted by a practicing
physician, selected by the board, with expertise in the member's
disability and the board shall pay all costs associated with the
examination. The board shall pay all other reasonable costs related
to travel and meals in accordance with the rates set for state
employees by the Department of Personnel Administration. If the
member refuses to submit to the required medical examination, the
application for disability allowance shall be rejected. The member
shall either remain in this state, or return to this state at the
member's own expense, to undergo the initial evaluations or
examinations, or the application shall be rejected, unless this
requirement is waived by the board. If the member is too ill to be
examined, the system shall postpone the examination until the member
can be examined. The member or the member's treating physician shall
inform the system, in writing, when the medical examination can be
rescheduled.
(c) The system may reject the disability allowance application
under this part if the member fails to provide requested medical
documentation to substantiate a disability, as defined in Section
22126, within 45 days from the date of the request or within 30 days
from the time that a legally designated representative is empowered
to act on behalf of a member who is mentally or physically
incapacitated.
(d) If the board determines that a member who has applied for a
disability allowance under this part may perform service in the
member's former position of employment or in a comparable level
position with the assistance of reasonable accommodation, the board
may require the member to request reasonable accommodation from the
employer. Failure of the member to request reasonable accommodation,
as directed by the board, may be grounds for cancellation of the
disability allowance application.
(e) If the employer fails or refuses to provide reasonable
accommodation, the board may require the member to pursue an
administrative appeal of the employer's denial as a condition for
receiving a disability allowance under this part.
(f) The system shall inform the member of the rejection or
cancellation of the member's disability allowance application under
this part within 30 days after that determination is made by the
system.
(g) In determining whether a member meets the definition of
disability pursuant to Section 22126, the board shall make a
determination on the basis of competent medical documentation and
shall not use the awarding of a disability allowance as a substitute
for the disciplinary process.
24004. In cases of a member's willful substance abuse or if the
board determines a member who qualifies for a disability allowance
pursuant to Section 24001 has mental, physical, or vocational
rehabilitation potential, the board may limit the disability
allowance under this part to a period not to exceed two years from
the date of approval of the disability allowance. Notwithstanding
Section 24013, the disability allowance shall terminate at the end of
the period granted unless an extension is granted by the board.
24005. (a) A disability allowance under this part shall become
effective upon any date designated by the member, provided all of the
following conditions are met:
(1) An application for disability allowance is filed on a properly
executed form prescribed by the system.
(2) The effective date is later than the last day of creditable
service for which compensation is payable to the member.
(3) The effective date is no earlier than either the first day of
the month in which the application is received by the system's
headquarters office, as established pursuant to Section 22375, or the
date upon and continuously after which the member is determined to
the satisfaction of the board to have been mentally incompetent.
(b) If the member is employed to perform creditable service
subject to coverage under the Defined Benefit Program at the time the
disability allowance is approved under this part, the member shall
notify the system in writing, within 90 days, of the last day on
which the member will perform service. If the member does not respond
within 90 days, or if the last day on which service will be
performed is more than 90 days after the date the system notifies the
member of approval of the disability allowance, the member's
application for a disability allowance shall be rejected and a
disability allowance shall not be payable to the member.
24006. Upon qualification for disability under this part, a member
shall receive an annual allowance equal to 50 percent of final
compensation payable in monthly installments. The allowance shall be
increased by 10 percent of final compensation for each dependent
child, to a maximum of four dependent children.
24007. A member who qualifies for a disability allowance under this
chapter and who has attained age 45 years, but who has not yet
attained age 60 years, shall have his or her allowance calculated
upon service with each year of credited California service providing
5 percent of final compensation. The disabled member shall receive
the lesser of this amount or the amount provided by Section 24006. A
child's portion of the allowance shall be determined pursuant to
Section 24006. This section shall not apply to a member who is
eligible to apply for a disability allowance under subdivision (c) of
Section 24001.
24009. A disability allowance payable pursuant to Sections 24006
and 24007 that includes a child's portion shall be reduced when a
dependent child becomes ineligible. The reduction shall take into
account the increases made by application of the improvement factor.
However, the member's disability allowance shall not be less than it
would have been if there had never been a dependent child.
24010. Allowances payable under Sections 24006 and 24007 shall be
reduced by an amount equal to the unmodified benefits paid or payable
under other public systems for the same impairment or impairments
that qualify the member for a disability allowance under this part.
With respect to workers' compensation payments that are subject to
liens under Section 4903 of the Labor Code, "unmodified benefits,"
for purposes of this section, shall only include payments for
temporary disability, vocational rehabilitation monthly allowance,
and permanent disability.
24011. A member who qualifies for disability allowance pursuant to
this chapter because of a disabling impairment that is amenable to
treatment that could be expected to restore the member's ability to
perform service in the member's former position of employment or a
comparable level position shall participate in a treatment program
prescribed by the member's primary treating physician. Willful
failure to initiate and continue participation in the treatment
program shall cause the disability allowance to be terminated. In
determining whether a member has good cause for failure to follow the
treatment program, the board shall take into account whether
treatment would abridge the member's right to the free exercise of
religion or whether the member's physical or mental condition has
worsened, as determined by the member's treating physician and
substantiated by medical evidence.
24012. (a) A member who is receiving a disability allowance
pursuant to this chapter who is determined by the board to have a
mental, physical, or vocational rehabilitation potential that could
be expected to restore the member's ability to perform service in the
member's former position of employment or a comparable level
position shall participate in an appropriate rehabilitation program
approved by the board. The board shall pay all reasonable costs of
the approved program. Willful failure to initiate and continue
participation in the rehabilitation program shall cause the
disability allowance to be terminated. In determining whether a
member has good cause for failure to participate in the program, the
board shall take into account whether the participation would abridge
the member's right to the free exercise of religion or whether the
member's physical or mental condition has worsened, as determined by
the member's treating physician and substantiated by medical
evidence.
(b) Any cost for the approved rehabilitation program prescribed by
the board shall be paid directly by the system from the fund.
24013. The board may require any member receiving a disability
allowance under this part to undergo medical examination at such
times as the board deems necessary. The system may request the member'
s treating physician, upon authorization by the disabled member, to
complete a medical reevaluation questionnaire. The system shall
reimburse the disabled member for all reasonable costs related to
completion of this questionnaire in an amount not to exceed two
hundred fifty dollars ($250) if the disabled member has no other
health coverage that would pay the costs of completing the medical
questionnaire. The board may authorize a medical examination to be
conducted by the disabled member's treating source at the disabled
member's expense and, in any case, may require a medical examination
to be conducted by a physician selected by the board, in which event,
the board shall pay all reasonable costs associated with the
examination. The board shall, in scheduling medical examinations,
give consideration to the interests and convenience of the disabled
member. If the examination, together with other available
information, shows to the satisfaction of the board that the member
is no longer disabled, the disability allowance shall be terminated.
Should the disabled member refuse to submit to medical examination,
as provided in this section, the disability allowance shall be
terminated and all rights of the disabled member to the disability
allowance shall be revoked.
24014. A disabled member may be employed to perform creditable
service subject to coverage under the Defined Benefit Program. The
employment shall not cause the disability allowance to be suspended
or terminated except as provided in Sections 23401, 24013, and 24015,
and no deduction shall be made from the disabled member's
compensation as contributions to the Defined Benefit Program.
24015. Notwithstanding Section 22132, if a person who begins to
receive a disability allowance under this part after June 30, 1972,
is employed, or is self-employed in any capacity in which his or her
average earnings for any prior continuous six months amount to 66 2/3
percent of the indexed final compensation, the person shall be
presumed capable of performing gainful employment and no longer
disabled. The disability allowance shall be terminated on the first
day of the month following the six-month period. Any allowance paid
thereafter shall be considered an overpayment and recovery shall be
made.
24016. (a) For any one or more months in which the total of a
disabled member's allowance under this part, excluding children's
portions, and earnings exceed 100 percent of indexed final
compensation, 100 percent of the amount in excess shall be considered
an overpayment and recovery shall be made.
(b) This action shall not apply to disabled members who have
allowances terminated under Section 24015 or who are enrolled in an
approved rehabilitation program.
24017. If a person who began receiving a disability allowance under
this part after June 30, 1972, is enrolled in an approved
rehabilitation program and the total of the disability allowance,
excluding children's portions, and earnings exceed 100 percent of
indexed final compensation, 50 percent of the amount in excess shall
be considered an overpayment and recovery shall be made.
24018. When a disabled member returns to work in his or her former
position of employment or in a comparable level position and within
six months of return experiences a recurrence of the original
disability, that can be medically substantiated, it shall be
considered, for the purpose of determining the duration of the
disability, that the condition had its onset as of the date the
member first became disabled. The former disability allowance under
this part shall again become payable as of the later of the first day
of the month in which the recurrence of the disability occurred or
the last day of creditable service for which compensation is payable
to the member provided the member complies with the provisions of
Section 24003.
