California Court of Appeal

The term "disability allowance" as used in Government Code section 31838.5 means all benefits a member receives from reciprocal systems or from the California Public Employees' Retirement System (CalPERS) for retiring concurrently due to disability, regardless of whether those benefits are labeled disability retirement or service retirement.

Appellate Information

• Decided 04/10/2008
• Published 04/10/2008

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Julie E. Wyne and David H. Lantzer for Defendant and Appellant., Steefel, Levitt & Weiss, Ashley K. Dunning and Kelly L. Knudson for Board of Retirement of the Alameda County Employees' Retirement Association, Board of Retirement of the Contra Costa County Employees' Retirement Association, Board of Retirement of the Marin County Employees' Retirement Association, and Board of Retirement of the Ventura County Employees' Retirement Association as Amici Curiae on behalf of Defendant and Appellant., Reed Smith, Harvey L. Leiderman, San Francisco, and Jeffrey R. Rieger for Board of Retirement of the Fresno County Employees' Retirement Association, Board of Retirement of the Los Angeles County Employees' Retirement Association, Board of Retirement of the Sacramento County Employees' Retirement System, Board of Retirement of the San Joaquin County Employees' Retirement Association, and Board of Retirement of the Tulare County Employees' Retirement Association as Amici Curiae on behalf of Defendant and Appellant., Lewis, Marenstein, Wicke & Sherwin and Thomas J. Wicke, Woodland Hills, for Plaintiff and Respondent.