The nonindustrial disability retirement pension for state miscellaneous or state industrial service subject to Section 21076 or 21076.5 shall be one of the following:
(a) Ninety percent of one-eightieth of his or her final compensation, multiplied by the number of years of service credited to him or her.
(b) If the nonindustrial disability retirement allowance computed under subdivision (a) does not exceed one-third of his or her final compensation, 90 percent of one-eightieth of his or her final compensation multiplied by the number of years of service that would be creditable to him or her if his or her service were to continue until attainment by him or her of the age of 65 years, but in that case the retirement allowance may not exceed one-third of the final compensation. This subdivision is not applicable to members who have not been credited, at the time of retirement, with at least 10 years of state service.
(c) If the nonindustrial disability retirement allowance is derived from this section and Section 21423, and would otherwise exceed the maximums provided by these sections, the pension payable with respect to each section shall be reduced in the same proportion as the allowance bears to the total allowance computed as if there were no limit, so that the total of the pensions shall equal the maximum allowed.
(d) If qualified for service retirement, the member shall receive his or her service retirement allowance if that allowance is greater than the nonindustrial disability retirement allowance provided by this section.
(Amended by Stats. 2017, Ch. 241, Sec. 11. (SB 525) Effective January 1, 2018.)
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