Sandrea Maryann and Robert Maynard Woehl - Page 8




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                    (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 that             







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