Chisom

Chisom v. Bd. of Retirement etc.

Good Law
Court of Appeal of CaliforniaJuly 30, 2013F064259California5,599 words

Opinion

Opinion

Kane, J.

BACKGROUND AND PROCEDURAL HISTORY

CERL—The Statutory Backdrop FCERA is a public retirement trust that exists to administer benefits for active and retired public employees in Fresno County. It operates under the provisions of CERL. (Stillman v. Board of Retirement of Fresno County Employees’ Retirement Assn. (2011) 198 Cal.App.4th 1355, 1360.) Upon satisfying age and service requirements, members of a county retirement system governed by CERL (such as FCERA) qualify to receive a service retirement allowance. A member‟s service retirement allowance is determined under one of the statutory formulas set forth in CERL (e.g., § 31676.14), upon adoption thereof by a county‟s board of supervisors. When a member of FCERA is incapacitated due to a disability, he or she may be entitled to receive a disability retirement allowance from FCERA. (See § 31720 et seq.) If the disability was not in the course of or caused by the member‟s employment, the member may be entitled to what is called a “non-service-connected” disability retirement allowance. (See §§ 31726 [general members], 31726.5 [“safety” members].) If a member qualifies for a non-service-connected disability retirement, the monthly…

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