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HomeGovernment CodeDiv. 5Pt. 3Ch. 12Art. 6§ 21165 Disability Retirement During Leave

§ 21165 Disability Retirement During Leave

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

§ 21165 Disability Retirement During Leave

Key Takeaways

  • •If you're a government worker (not a cop or firefighter) and get hurt or sick, you might get paid time off first.
  • •You can't get disability retirement pay until your paid time off runs out, unless you ask for it earlier.
  • •This rule doesn’t apply to school safety workers.

Example

A teacher gets really sick and can’t work for a long time.

The teacher will first use up all their paid sick leave. Only after that can they start getting disability retirement money, unless they ask to start it sooner.

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

Official Source
View on CA.gov

§ 21165 Disability Retirement During Leave

Notwithstanding any other provision of this article, the retirement for disability of a member, other than a local safety member, with the exception of a school safety member, who has been granted or is entitled to a leave of absence with compensation, which shall include nonindustrial disability insurance benefits payable pursuant to Article 5 (commencing with Section 19878) of Chapter 2.5 of Part 2.6, shall not become effective prior to the expiration of the leave of absence with compensation, unless the member applies for or consents to his or her retirement as of an earlier date. (Added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)

Last verified: January 22, 2026

Key Terms

retirement for disabilityleave of absence with compensationnonindustrial disability insurance benefitslocal safety memberschool safety member

Related Statutes

  • § 21164 Disability Retirement Consent Rules
  • § 21154 Disability Retirement Application Timing
  • § 21157 Local Safety Member Determination
  • § 21061 Local Safety Member Retirement
  • § 21062 Early Retirement Pension Reduction

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Government Code. Section 21165.
View Official Source