(a) A judge who retires for disability shall receive a retirement allowance in an amount equal to the lower of the following:
(1) The benefit factor under subdivision (d) of Section 75522 multiplied by the judge’s final compensation on the effective date of the disability retirement, multiplied by the number of years of service the judge would have been credited if the judge’s service had continued to the age the judge would have first been eligible to retire under subdivision (a) of Section 75522.
(2) Sixty-five percent of the judge’s final compensation on the effective date of the disability retirement.
(b) Notwithstanding subdivision (a), the retirement allowance of a judge who retires for disability shall equal 65 percent of the judge’s final compensation on the effective date of the disability retirement regardless of the judge’s age or length of service, if the Commission on Judicial Performance determines that the disability is predominantly a result of injury arising out of and in the course of judicial service.
(Amended by Stats. 2006, Ch. 538, Sec. 332. Effective January 1, 2007.)
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