31726. (a) Upon retirement for nonservice-connected disability a member who has attained age 65 shall receive their service retirement allowance.
(b) Every member under age 65 who is retired for nonservice-connected disability and who is not simultaneously retired as a member on deferred retirement of the Public Employees’ Retirement System or a retirement system established under this chapter in another county shall receive a disability retirement allowance which shall be the greater of the following:
(1) The sum to which the member would be entitled as service retirement; or
(2) A sum which shall consist any of the following:
(A) An annuity which is the actuarial equivalent of the member’s accumulated contributions at the time of retirement.
(B) If, in the opinion of the board, the member’s disability is not due to intemperate use of alcoholic liquor or drugs, willful misconduct, or violation of law on the member’s part, a disability retirement pension purchased by contributions of the county or district.
(C) If, in the opinion of the board, the member’s disability is not due to conviction of a felony or criminal activity which caused or resulted in the member’s disability, a disability retirement pension purchased by contributions of the county or district. This subparagraph shall only apply to a person who becomes a member of the system on or after January 1, 1988.
(Amended by Stats. 2022, Ch. 231, Sec. 12. (AB 1824) Effective January 1, 2023.)