Robertson

Labor Code section 4850 provides: “Whenever any . . . city fireman ... is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of his duties, he shall become entitled ... to leave of absence while so disabled without loss of salary in lieu of temporary disability payments, if any, which would be payable under [the Workers’ Compensation Act], for the period of such disability but not exceeding one year, or until such earlier date as he is retired on permanent disability pension. [This section] shall. . . apply to city firemen . . . who are members of the Public Employees’ Retirement System [PERS]____”

Government Code section 21025.2 states: “[T]he retirement of a member [of PERS] who has been granted or is entitled to sick leave . . . shall not become effective until the expiration of such sick leave with compensation . . . unless the member applies for or consents to his retirement as of an earlier date. Sick leave shall be subject to the regular requirements of law and rules governing the use of sick leave.”

This appeal raises the issue of the right of a fireman who is a PERS member to defer disability retirement pursuant…