LawWiki
HomeCodesSearchGlossaryAPIAbout
LawWiki

Plain English summaries of California law with zero-hallucination AI. Every summary is verified against official source text.

Product

  • Search
  • Codes
  • About

Legal

  • Privacy Policy
  • Terms of Service
  • Disclaimer

© 2026 LawWiki. All rights reserved.

HomeEducation CodeCh. 21§ 23400 Disability Retirement Earnings Limit

§ 23400 Disability Retirement Earnings Limit

Education Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 23400 Disability Retirement Earnings Limit

Key Takeaways

  • •If you retire early (before 55) because of a disability and start working again, your retirement pay might be cut so you don’t earn more than you would have in your old job.
  • •If your new job pays more or less later, your retirement pay will change again to match what you’d earn in your old job.
  • •Once you turn 55, your retirement pay goes back to normal and won’t be cut anymore, even if you keep working.

Example

A firefighter retires at 50 because of a disability and starts working as a security guard.

If the firefighter’s old job paid $5,000 a month and the new security job pays $3,000, the retirement pay will be cut so the total ($3,000 + retirement pay) doesn’t exceed $5,000.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 23400 Disability Retirement Earnings Limit

(a) If, prior to attaining the age of 55 years, a person who is entitled to receive a retirement allowance because of his or her retirement for disability prior to July 1, 1972, engages in a gainful occupation, the board shall reduce the portion of his or her monthly retirement allowance that is not provided by his or her accumulated contributions, to an amount, which when added to the compensation earned monthly by him or her, does not exceed the amount of the compensation that would be earnable by a person holding the same or an equal position as or to that which he or she held at the time of his or her retirement, and in the same salary step or rating, or if no such position then exists, the compensation earnable immediately prior to its abolition. (b) If his or her earnings are further altered, the board shall further alter that portion of his or her retirement allowance to the lower of the following amounts: (1) The amount of that portion of his or her retirement allowance as it would be if not reduced under this section. (2) An amount that, when added to the compensation earned by him or her, equals the amount of the compensation that would be earnable by a person holding the same or an equal position as or to that which he or she held at the time of his or her retirement, and in the same salary step or rating, or if no such position then exists, the compensation earnable immediately prior to its abolition. (c) For purposes of this section, the retirement allowance subject to adjustment is the unmodified allowance irrespective of the option elected. (d) When he or she attains the age of 55 years, his or her retirement allowance shall be made equal to the amount it would be if not reduced under this section, and may not again be modified under this section. Section 24015 does not apply to those persons affected by this section. (Repealed and added by Stats. 1993, Ch. 893, Sec. 2. Effective January 1, 1994.)

Last verified: January 23, 2026

Key Terms

retirement allowancedisability retirementgainful occupationaccumulated contributionscompensation earnable

Related Statutes

  • § 23404 Retirement Allowance Termination Credits
  • § 23401 Disability Retirement Medical Review
  • § 23702 Disability Benefit Election Rules
  • § 23402 Pre-1972 Death Benefits
  • § 23403 Pre-1972 Survivor Benefits

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 23400.
View Official Source