California § 31727.01 - Notwithstanding Sections 31727 and 31727.4, if the member is eligible to retire w

§ 31727.01. Notwithstanding Sections 31727 and 31727.4, if the member is eligible to retire w

Notwithstanding Sections 31727 and 31727.4, if the member is eligible to retire without relying upon service in another retirement system, the disability retirement pension of a member covered under Section 31751 shall be such an amount as with that portion of the member’s annuity provided by the member’s accumulated normal contributions will make the member’s disability retirement allowance, exclusive of the annuity provided by the member’s accumulated additional contributions, equal 40 percent of the member’s final compensation as defined in Section 31462. In addition to the above disability allowance, 10 percent of the member’s final compensation shall be paid on behalf of each of the member’s children up to a maximum of three children. As used in this section, “child” means a member’s child who is dependent upon such member at the time of the member’s disability and while such child is unmarried and: (a) Under 18 years of age, or (b) Whether under or over 18 years of age, totally disabled and such disability occurred prior to such child attaining the age of 18 years, or (c) Eighteen years of age or over, but has not attained the age of 22 years, and is enrolled as a full-time student in an accredited school, as determined by the board. If the member is required to rely upon service in another retirement system to be eligible to retire, the above disability retirement pension and children’s allowance shall be multiplied by one-tenth times the years of service. Disability benefits shall be offset by the amounts of disability payments from other plans of the county and other governmental plans, except workers’ compensation and federal social security payments.