§ 75064 Election Defeat Disability Presumption

A member who is defeated at an election and who either had submitted, prior to the date of the election, an application for disability retirement or submits, on or after the date of the election, an application for disability retirement: (a) Shall be presumed not to be disabled and this presumption is a presumption affecting the burden of proof. (b) Shall, in a disability retirement proceeding before the commission, be subject to the standard of proof of clear and convincing evidence sufficient to sustain a claim to a reasonable certainty. (c) Shall support the application with written statements described in subdivision (c) of Section 75060 from each of at least two physicians or two psychiatrists. (Added by Stats. 1988, Ch. 993, Sec. 7.)