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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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Last modified: November 10, 2007