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HomeGovernment CodeDiv. 5Pt. 3Ch. 12Art. 6§ 21153 Employer Disability Retirement Duty

§ 21153 Employer Disability Retirement Duty

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

§ 21153 Employer Disability Retirement Duty

Key Takeaways

  • •If an employee is disabled and can retire because of it, the boss can't fire them just because they're disabled.
  • •The boss must ask for disability retirement for the employee if they think the employee is disabled.
  • •The employee can choose not to retire for disability and instead take their money out or leave it for later retirement.

Example

A firefighter gets hurt on the job and can't work anymore.

The fire department can't just fire the firefighter. They have to ask for disability retirement for them. But the firefighter can say no and take their retirement money out instead.

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

Official Source
View on CA.gov

§ 21153 Employer Disability Retirement Duty

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, unless the member waives the right to retire for disability and elects to withdraw contributions or to permit contributions to remain in the fund with rights to service retirement as provided in Section 20731. (Repealed and added by Stats. 1995, Ch. 379, Sec. 2. Effective January 1, 1996.)

Last verified: January 22, 2026

Key Terms

separate because of disabilitydisability retirementwaives the right to retire for disabilitywithdraw contributionsservice retirement

Related Statutes

  • § 21152 Disability Retirement Application Process
  • § 21154 Disability Retirement Application Timing
  • § 21156 Disability Retirement Eligibility
  • § 21158 Disability Retirement Determination Timeline
  • § 21453 Retirement Election Deadlines

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Government Code. Section 21153.
View Official Source