California § 21023

§ 21023.

(a) “Public service” with respect to a state member, other than a university member, also means the following: (1) Time during which the member was a prisoner of war involving the United States, plus the time, if any, during which a member was hospitalized following his or her release from captivity for a disabling wound, injury, or disease directly attributable to that captivity but not to include hospitalization after the member’s honorable and permanent medical separation from the armed forces. (2) Time between the onset of the member’s disabling wound, injury, or disease, directly attributable to service in combat with the armed forces during a war involving the United States, and the date of the member’s honorable and permanent medical separation from the armed forces due to the disabling condition, if the member has a permanent disability rating in excess of 50 percent, that percentage having been determined under applicable federal law. (b) For the purposes of this section, a war involving the United States exists in any of the following circumstances: (1) Whenever Congress has declared war and peace has not been formally restored. (2) Whenever the United States is engaged in active military operations against any foreign power, whether or not a war has been formally declared. (3) Whenever the United States is assisting the United Nations, in actions involving the use of the armed forces, to maintain or restore international peace and security. (c) A member electing to receive credit for public service under this section shall pay the contributions and interest required pursuant to Section 21033. (d) This section shall apply to a member only if the member elects to receive credit while he or she is a state member, other than a university member, and he or she is credited with at least 10 years of service as a state member, other than a university member, on the date of the election. (e) The maximum public service credit that may be received pursuant to this section is five years. (f) This section shall not apply to any member receiving military retirement pay as described in Section 20896 or disability retirement pay as described in Section 20897. (g) Except as provided in subdivision (f), this section shall apply to a state member, other than a university member, who leaves or has left employment with the state, subsequently meets or has subsequently met the conditions specified in subdivisions (a) and (b), and thereafter returns or thereafter has returned to service as a state member, other than a university member, is not entitled to receive the service credit pursuant to Section 20991 or 20997.