Raymond J. and Jacquelyn M. Byrne - Page 10




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          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.                                             




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