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HomeGovernment CodeDiv. 5Pt. 3Ch. 12Art. 6§ 21164 Disability Retirement Consent Rules

§ 21164 Disability Retirement Consent Rules

Government Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 21164 Disability Retirement Consent Rules

Key Takeaways

  • •If you're a local safety worker (like a cop or firefighter) and get hurt on the job, you can't be forced to retire early just because of your injury.
  • •You can stay on paid leave until your doctor and the Workers’ Compensation board say your injury won’t get better (permanent).
  • •Your boss can’t make you retire until your paid leave ends or until it’s clear your injury is permanent, whichever comes first.

Example

A firefighter gets badly burned at work and is put on paid leave while recovering.

The firefighter’s boss can’t force them to retire early just because they’re hurt. The firefighter can stay on paid leave until doctors say the burns are as healed as they’ll ever be. Only then can retirement be discussed, and even then, the firefighter has to agree to it.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 21164 Disability Retirement Consent Rules

Notwithstanding any other provision of this article, the retirement for disability of a local safety member, other than a school safety member, shall not be effective without the member’s consent earlier than the date upon which leave of absence without loss of salary under Section 4850 of the Labor Code because of the disability terminates, or the earlier date during the leave as of which the disability is permanent and stationary as found by the Workers’ Compensation Appeals Board. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)

Last verified: January 22, 2026

Key Terms

retirement for disabilitylocal safety memberschool safety memberleave of absence without loss of salarySection 4850 of the Labor Codepermanent and stationaryWorkers’ Compensation Appeals Board

Related Statutes

  • § 21165 Disability Retirement During Leave
  • § 21154 Disability Retirement Application Timing
  • § 21157 Local Safety Member Determination
  • § 21166 Industrial Disability Determination
  • § 21167 Workers' Comp Rehearing Grounds

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Government Code. Section 21164.
View Official Source