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Introduction

This case turns on our interpretation of the term “disability allowance” as used in Government Code section 31838.5, part of the County Employees Retirement Law of 1937, Government Code section 31450 et seq. (CERL). (All further statutory references are to the Government Code unless noted.) The disputed portion of section 31838.5 states: “No provision of this chapter shall be construed to authorize any member, credited with service in more than one entity and who is eligible for a disability allowance, whether service connected or nonservice connected to receive an amount from one county that, when combined with any amount from other counties or the Public Employees’ Retirement System, results in a disability allowance greater than the amount the member would have received had all the member’s service been with only one entity.” (Italics added.)

Based on the language of section 31838.5, the statutory scheme, well-settled principles of statutory interpretation, and legislative history, we hold the term “disability allowance” means all benefits a member receives from reciprocal systems or from the California Public Employees’ Retirement System (CalPERS) for…