- 10 - CGC section 75061(a) expresses an intention by the California legislature to provide supplemental benefits in the nature of workers’ compensation to all judges who sustain a work-related disability. The statute in this case is not akin to the statute at issue in Kane v. United States, 43 F.3d 1446 (Fed. Cir. 1994), a case upon which respondent relies. The statute at issue in that case, 28 U.S.C. sec. 372(a), provided: “Any justice or judge of the United States appointed to hold office during good behavior who becomes permanently disabled from performing his duties may retire from regular active service.... .... Each justice or judge retiring under this section after serving ten years continuously or otherwise shall, during the remainder of his lifetime, receive the salary of the office. A justice or judge retiring under this section who has served less than ten years in all shall, during the remainder of his lifetime, receive one-half the salary of the office.” [Id. at 1447-1448.] The Court of Appeals for the Federal Circuit held that this provision was not a dual-purpose statute, stating: However, unlike the statutes in Simms, Neill, and Frye, � 372(a) provides for disability retirement payments regardless of the cause of the disability. In contrast, Simms, Neill, and Frye involved statutes in which at least one provision, on its face, specifically 7(...continued) category as an individual eligible for either mode of disability retirement under CGC sec. 75061(a). However, the actual basis upon which the taxpayer was retired (i.e., for what purpose) is a factual question that is secondary to the legal question whether the statute has a dual purpose.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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