- 7 - (a) any patrol, state safety, state industrial, state peace officer/firefighter, or local safety member incapacitated for the performance of duty as the result of an industrial disability shall be retired for disability, pursuant to this chapter, regardless of age or amount of service. Petitioner, however, has not provided any evidence to show that the distributions were indeed made under Cal. Govt. Code section 21151. Respondent contends that petitioner received the distributions under Cal. Govt. Code sec. 21150 (West 2003) which awards benefits with reference to the employee’s years of State service. Cal. Govt. Code section 21150, in pertinent part, provides: Section 21150. Incapacitated member; state service credit; specified election; eligibility Any member incapacitated for the performance of duty shall be retired for disability * * * if he or she is credited with five years of state service * * *. Petitioner acknowledges that in order for her to qualify for benefits under Cal. Govt. Code section 21151, she must have an “industrial disability”. In fact, petitioner has a proceeding pending before the Worker’s Compensation Appeals Board in California to challenge the State’s failure to consider the distributions to have been made as a result of an industrial injury. The board, however, has not issued a decision. At trial, petitioner invited the Court to decide whether the distributions were made as a result of an industrial injury. Petitioner argues that to the extent that this Court finds thatPage: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 10, 2007