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California Government Code Section 12942

Legal Research Home > California Laws > Government Code > California Government Code Section 12942

12942.  (a) Every employer in this state shall permit any employee
who indicates in writing a desire in a reasonable time and can
demonstrate the ability to do so, to continue his or her employment
beyond any retirement date contained in any private pension or
retirement plan.
   This employment shall continue so long as the employee
demonstrates his or her ability to perform the functions of the job
adequately and the employer is satisfied with the quality of work
performed.
   (b) Any employee indicating this desire and continuing the
employment shall give the employer written notice in reasonable time,
of intent to retire or terminate when the retirement or termination
occurs after the employee's retirement date.
   (c) Nothing in this section or Section 12941 shall be construed to
prohibit any of the following:
   (1) To prohibit an institution of higher education, as defined by
Section 1001 of Title 20 of the United States Code, from imposing a
retirement policy for tenured faculty members, provided that the
institution has a policy permitting reemployment of these individuals
on a year-to-year basis.
   (2) To prohibit compulsory retirement of any employee who has
attained 70 years of age and is a physician employed by a
professional medical corporation, the articles or bylaws of which
provide for compulsory retirement.
   (3) To prohibit compulsory retirement of any employee who has
attained 65 years of age and who for the two-year period immediately
before retirement was employed in a bona fide executive or a high
policymaking position, if that employee is entitled to an immediate
nonforfeitable annual retirement benefit from a pension,
profit-sharing, savings, or deferred compensation plan, or any
combination of those plans, of the employer for the employee, which
equals in the aggregate at least twenty-seven thousand dollars
($27,000).

Last modified: February 22, 2013