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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