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HomeEducation CodeDiv. 1Pt. 13Ch. 26§ 24106 Disability Retirement Allowance Calculation

§ 24106 Disability Retirement Allowance Calculation

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

§ 24106 Disability Retirement Allowance Calculation

Key Takeaways

  • •If you retire because of a disability, you get half of your final pay every year, paid monthly.
  • •You get an extra 10% of your final pay for each kid you have, but no more than 40% extra total. If you have more than 4 kids, they split the 40%.
  • •Your kids can choose to give up their extra money if they want, but they have to sign a paper saying they understand they’re giving up ongoing money.
  • •You also get a yearly payment based on the money you put into your retirement account, calculated to be fair based on how long you might live.

Example

A firefighter gets hurt on the job and can’t work anymore, so they retire early.

The firefighter will get half of their last year’s salary every year as retirement pay. If they have 3 kids, they’ll get an extra 30% (10% per kid) of their salary. They’ll also get a yearly payment based on the money they saved in their retirement account.

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

Official Source
View on CA.gov

§ 24106 Disability Retirement Allowance Calculation

Upon retirement for disability pursuant to this chapter, a member under this part shall receive a retirement allowance that shall consist of all of the following: (a) An annual allowance equal to 50 percent of final compensation payable in monthly installments. (b) An additional 10 percent of final compensation for each dependent child, up to a maximum of 40 percent of final compensation. If there are more than four dependent children, they shall share equally in the maximum allowance of 40 percent. A dependent child may waive his or her right to his or her portion of the allowance in accordance with procedures established by the system. The waiver shall be submitted on a properly executed form prescribed by the system. All waiver forms for an ongoing benefit shall include an acknowledgment on the part of the waiving beneficiary that the benefit being waived is an ongoing benefit, which may exceed the total amount of contributions and interest payable from the member’s account as a result of the waiver. The filing of a waiver by a beneficiary constitutes a complete and immediate discharge of all obligations of the board, the system, or the plan to or on behalf of the beneficiary. (c) An annuity that shall be the actuarial equivalent of the accumulated annuity deposit contributions standing to the credit of the member’s account on the effective date of the disability retirement. (Amended by Stats. 2017, Ch. 298, Sec. 11. (AB 1325) Effective January 1, 2018.)

Last verified: January 23, 2026

Key Terms

retirement for disabilityfinal compensationdependent childwaiverannuityaccumulated annuity deposit contributions

Related Statutes

  • § 24108 Child'S Portion Reduction
  • § 23802 Death Benefit Payment Rules
  • § 23805 Survivor Benefits For Dependents
  • § 23852 Survivor Benefit Election
  • § 24006 Disability Allowance For Members

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 24106.
View Official Source