County Employees Retirement Law of 1937 (CERL) - sdcera

entitlement to disability retirement, the rights of the beneficiary shall be as selected by the
member at the time of retirement for service. The optional or unmodified type of allowance
selected by the member at the time of retirement for service shall also be binding as to the type
of allowance the member receives if the member is awarded a disability retirement.
(d) Notwithstanding subdivision (c), if the retired member should die before a final
determination is made concerning entitlement to disability retirement, the rights of the
beneficiary may be as selected by the member at the time of retirement for service, or as if the
member had selected an unmodified allowance. The optional or unmodified type of allowance
selected by the member at the time of retirement for service shall not be binding as to the type
of allowance the member receives if the member is awarded a disability retirement. A change
to the optional or unmodified type of allowance shall be made only at the time a member is
awarded a disability retirement and the change shall be retroactive to the service retirement
date and benefits previously paid shall be adjusted. If a change to the optional or unmodified
type of allowance is not made, the benefit shall be adjusted to reflect the differences in
retirement benefits previously received. This paragraph shall only apply to members who retire
on or after January 1, 1999.
(Added by Stats. 1977, Ch. 25, Sec. 1)
(Amended by Stats. 1996, Ch. 493 (S.B. 792), Sec. 6)
(Amended by Stats. 1998, Ch. 132 (S.B. 2137), Sec. 2)
§31725.8. Nonservice-connected disability retirement allowance to members applying for
rehearing on service-connected disability claims; intervening death of member
If any applicant for service-connected disability retirement is found by the board to be
permanently physically or mentally incapacitated for the performance of his duties but not
because of injury or disease arising out of and in the course of his employment, he may apply
for, and the board in its discretion may grant, a nonservice-connected disability retirement
allowance while he is pursuing any rehearing before the board or judicial review concerning
his right to service-connected disability retirement. If his disability is finally determined to have
been service-connected, appropriate adjustments shall be made in his retirement allowance
retroactive to the effective date of his disability retirement.
If any member dies after electing to receive nonservice-connected disability retirement
and before the question of his entitlement to service-connected disability retirement is finally
resolved, the rights of his beneficiary shall be those selected by the member at the time he
elected to receive nonservice-connected disability retirement.
(Added by Stats. 1976, Ch. 1209, Sec. 1)
§31726. Nonservice-connected disability; benefits at and under age 65
Upon retirement for nonservice-connected disability a member who has attained age 65
shall receive his or her service retirement allowance.
Every member under age 65 who is retired for nonservice-connected disability and
who is not simultaneously retired as a member on deferred retirement of the State Employees’
Retirement System or a retirement system established under this chapter in another county
shall receive a disability retirement allowance which shall be the greater of the following:
(a) The sum to which he or she would be entitled as service retirement.
(b) A sum which shall consist of any of the following:
(1) An annuity which is the actuarial equivalent of his or her accumulated
contributions at the time of his or her retirement.
(2) If, in the opinion of the board, his or her disability is not due to intemperate use of
alcoholic liquor or drugs, willful misconduct, or violation of law on his or her part, a disability
Article 10, §31725.7. - §31726. 262