Human Resources Academy II for Community College Districts

B. D IFFERENCES B ETWEEN D ISABILITY A LLOWANCE AND D ISABILITY R ETIREMENT The main difference between disability allowance and disability retirement is that under a disability allowance, an employee is not considered retired. 98 Rather, the employee is considered a disabled member of STRS. The employee continues to accrue creditable service. When the employee is no longer eligible for the disability allowance—i.e., the employee is no longer disabled or reaches the age of sixty (60) or reaches 60 but continues to be disabled and has dependent children—the disability allowance is terminated and the employee is eligible for service retirement. C. R EINSTATEMENT Employees covered under disability allowance and disability retirement may have the right to reinstatement. An employee who applies for a disability allowance or disability retirement may be granted a leave of absence up to thirty (30) days after STRS determines that the employee is in fact disabled. 99 If STRS determines that the employee is disabled and approves the disability allowance or disability retirement, the leave is extended for the term of the disability, but not more than 39 months. 100 The employee has the right to seek reinstatement during the 39 months from the effective date of the disability. 101 Employees hired to fill the vacancy caused by the absence of the disabled employee have no status other than as a temporary employee until the 39-month period has expired. 102 The employment term of the temporary employee shall be equal to the number of days of absence of the employee receiving the disability allowance. If the term of employment extends beyond this period, the employee shall be credited for all days served as a probationary employee. 103

D. D ISABILITY A LLOWANCE G ENERALLY

1. E LIGIBILITY

To be eligible for a disability allowance (Option A) the employee must:



be under age 60;

 have five or more years of credited service including at least four years of actual performance; and

 at least five years of credited service performed in California. 104

Human Resources Academy II for Community College Districts ©2019 (c) Liebert Cassidy Whitmore 53