(a) A disability retirement allowance under this part shall become effective upon any date designated by the member, provided that all of the following conditions are met:
(1) An application for disability retirement is filed on a properly executed form prescribed by the system.
(2) The effective date is later than the last day the member earned creditable compensation pursuant to Section 22119.2 or 22119.3.
(3) The effective date is no earlier than either the first day of the month in which the application is received at the system’s headquarters office or the date upon and continuously after which the member is determined to the satisfaction of the board to have been mentally incompetent.
(4) The application for disability retirement contains an election of either an unmodified allowance or an allowance modified under an option as provided in Section 24332.
(b) If the member is employed to perform creditable service subject to coverage under the Defined Benefit Program at the time the disability retirement is approved, 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 the approval of disability retirement, the member’s application for disability retirement shall be rejected and a disability retirement allowance shall not be payable to the member.
(Amended by Stats. 2016, Ch. 218, Sec. 27. (SB 1352) Effective January 1, 2017.)
Last modified: October 25, 2018