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Article 9. Change in Employment Status of Disabled Employees. Disabled Employees Eligible for Disability Retirement.   

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An employee who is a member of the Public Employees' Retirement System, who is credited with at least five years of state service, and who is believed by the appointing power to be disabled, may not be dismissed because of disability unless the employee:

(a) Waives the right to retire for disability; and

(b) Either:

(1) Elects to withdraw retirement contributions; or

(2) Elects to permit retirement contributions to remain in the retirement fund with rights to service retirement as provided in Government Code Section 20393.

Authority cited:

Education Code 66600

Education Code 89030

Education Code 89035

Education Code 89500


Government Code 20393

(Amended by Register 82, No. 39.)