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HomeGovernment CodeDiv. 5Pt. 3Ch. 12Art. 7§ 21201 Reinstatement After Disability Retirement

§ 21201 Reinstatement After Disability Retirement

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

§ 21201 Reinstatement After Disability Retirement

Key Takeaways

  • •If someone gets their job back after retiring due to a work injury, their retirement pay stops right away.
  • •When they retire again later, they get their old injury retirement pay, but it’s recalculated using their highest salary ever.
  • •If they qualify for regular retirement (not just injury retirement), they get the bigger paycheck of the two.

Example

A firefighter retires early because of a bad back injury. Later, they recover and go back to work. After a few more years, they retire again.

When they return to work, their injury retirement pay stops. When they retire again, they get their old injury pay, but it’s based on their highest salary ever. If their regular retirement pay is bigger, they get that instead.

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

Official Source
View on CA.gov

§ 21201 Reinstatement After Disability Retirement

When any person is reinstated from industrial disability retirement under Sections 21191 and 21197, his or her retirement allowance shall be canceled immediately, and he or she shall become a member of this system as of the date of reinstatement. His or her individual account shall be credited with an amount that is the actuarial equivalent of his or her annuity at the date of reinstatement, not to exceed the amount of his or her accumulated contributions as it was at the date of retirement. Upon subsequent retirement, the board shall resume the payment of his or her previous industrial disability retirement allowance using the highest compensation earnable during any period of membership, notwithstanding Section 20036, to recalculate the industrial disability retirement allowance. The member shall receive, in addition to the disability retirement allowance from the employment in which he or she was granted the industrial disability retirement, an annuity purchased with his or her accumulated normal contributions made in respect to other employment covered by this system. If the member is qualified for service retirement, he or she shall receive his or her service retirement allowance, in lieu of the industrial retirement allowance, if the service retirement allowance is greater. (Amended by Stats. 1999, Ch. 785, Sec. 7. Effective January 1, 2000.)

Last verified: January 22, 2026

Key Terms

industrial disability retirementretirement allowanceactuarial equivalentaccumulated contributionshighest compensation earnable

Related Statutes

  • § 21200 Retirement Reinstatement Rules
  • § 21172 Disability Retirement Refund Rules
  • § 21073.1 Retirement Credit Reinstatement Payments
  • § 21162 Disability Retirement Allowance Rules
  • § 21176 Disability Retirement Reentry Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Government Code. Section 21201.
View Official Source