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of a workers’ compensation act. Rutter v. Commissioner, 760 F.2d
466, 468 (2d Cir. 1985), affg. T.C. Memo. 1984-525.
It is undisputed that Judge Byrne suffered an injury which
arose out of, and in the course of, his judicial service.
However, we must determine whether he received the disability
retirement benefits under a statute in the nature of a workers’
compensation act. “If the statute does not qualify, then whether
the injury was in fact work-related is irrelevant.” Take v.
Commissioner, 804 F.2d 553, 558 (9th Cir. 1986), affg. 82 T.C.
630 (1984).
The “statute” we examine in making this determination is the
California Judges’ Retirement Law. Cal. Govt. Code (CGC) secs.
75000-75111 (West 1993 & Supp. 2002). Under article 2,
Retirement for Service, CGC section 75025, judges are eligible
for retirement on the basis of age and years of service.5 CGC
sections 75060(a) and 75061(a) are contained in article 3,
Disability Retirement, and those sections provide:
75060. Mental or physical disability; consents to and
approval of retirement; certificate; filling
vacancy.
(a) Any judge who is unable to discharge efficiently
the duties of his or her office by reason of mental or
physical disability that is or is likely to become permanent
may, with his or her consent and with the approval of the
5To qualify for a service retirement, a judge must be at
least 60 years of age and must have 10-20 years of service
depending on the judge’s age. Judge Byrne did not qualify for
service retirement under CGC sec. 75025.
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