Can an employer separate because of disability a member otherwise eligible for retirement but shall apply for disability retirement of any member?

California, United States of America


The following excerpt is from Riverside Sheriffs' Ass'n v. Cnty. of Riverside, E057647 (Cal. App. 2015):

Section 21153 states: "Notwithstanding any other provision of law, an employer may not separate because of disability a member otherwise eligible to retire for disability but shall apply for disability retirement of any member believed to be disabled[.]" Section 21153 is from the "Retirement from Employment" chapter of the PERS legislation ( 20000 et seq.). The purpose of the statute is to "'serve two objectives: to induce persons to enter and continue in public service, and to provide subsistence for disabled or retired employees and their dependents.' [Citation.]" (Wheeler v. Board of

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