Gov. Code, § 21423 · Article 5. Disability Retirement Benefits
Gov. Code, § 21423
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
The disability retirement pension, other than an industrial disability retirement pension, for a member, other than a member who is subject to Section 21424 or 21427, shall be such an amount as with that portion of his or her annuity provided by his or her accumulated normal contributions, shall make his or her disability retirement allowance equal to one of the following:
(a) Ninety percent of one-fiftieth of his or her final compensation multiplied by the number of years of service credited to him or her.
(b) If the disability retirement allowance computed under subdivision (a) does not exceed one-third of his or her final compensation, 90 percent of one-fiftieth of his or her final compensation multiplied by the number of years of service that would be creditable to him or her if his or her service were to continue until attainment by him or her of the age of 60 years, but in that case the retirement allowance shall not exceed one-third of final compensation.
This subdivision is not applicable to members who are not entitled, at the time of retirement, to be credited with at least 10 years of state service.
(c) If qualified for service retirement, the member shall receive his or her service retirement allowance if that allowance is greater than the disability retirement allowance provided by this section.
Notes and commentary — not statutory text
History
Amended by Stats. 2002, Ch. 664, Sec. 110. Effective January 1, 2003.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=21423.
- Text hash
- sha256 9b497f0a684bb59580a9005e2b9c6af4a7f433a9d9718fe09819ba7052f5f247
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 5 provisions
Provisions in this library whose text cites Gov. Code, § 21423. Each shows the citation as that text prints it.
Government Code
- Gov. Code, § 21098Printed as Section 21423
- Gov. Code, § 21424Printed as Section 21423
- Gov. Code, § 21426Printed as Sections 21422 and 21423
- Gov. Code, § 21465Printed as Section 21362, 21362.2, 21363, 21363.1, 21363.4, or 21423
- Gov. Code, § 21483Printed as Section 21362, 21362.2, 21363, 21363.1, 21363.4, or 21423
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.