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Effective Jan 1, 2024Amended by Stats. 2023, Ch. 159, Sec. 15. (SB 885) Effective January 1, 2024.
- (a) Upon retirement for nonservice-connected disability, a member who has attained 65 years of age shall receive their service retirement allowance.
(b) Every member under 65 years of age who is retired for nonservice-connected disability and who is not simultaneously retired as a member on deferred retirement of the Public Employees’ Retirement System or a retirement system established under this chapter in another county shall receive a disability retirement allowance, which shall be the greater of the following:
- (1) The sum to which the member would be entitled as service retirement; or
(2) A sum that shall consist of any of the following:
- (A) An annuity that is the actuarial equivalent of the member’s accumulated contributions at the time of retirement.
- (B) If, in the opinion of the board, the member’s disability is not due to intemperate use of alcoholic liquor or drugs, willful misconduct, or violation of law on the member’s part, a disability retirement pension purchased by contributions of the county or district.
- (C) If, in the opinion of the board, the member’s disability is not due to conviction of a felony or criminal activity that caused or resulted in the member’s disability, a disability retirement pension purchased by contributions of the county or district. This subparagraph shall only apply to a person who becomes a member of the system on or after January 1, 1988.