Martinez v. Public Employees' Retirement System

The law remains that a terminated for-cause employee can still qualify for disability retirement when the conduct which prompted the termination was the result of the employee's disability or if she had a "matured right" to a disability retirement prior to the conduct which prompted the termination. The Board of Administration of the California Public Employees Retirement System reasonably extended this precedent to establish a rule that when an employee settles a pending termination for cause and agrees not to seek reemployment, this is "tantamount to a dismissal", thus precluding a disability retirement.

Martinez v. Public Employees' Retirement System - filed April 4, 2019, First District, Div. Two 

Cite as 2019 S.O.S. 1659 

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