Does section 31725 of the California Retirement Board's Retirement Guidelines apply to an employee who has been terminated from his employment because of physical incapacity?

California, United States of America


The following excerpt is from Tapia v. County of San Bernardino, 29 Cal.App.4th 375, 34 Cal.Rptr.2d 431 (Cal. App. 1994):

Not so. As the court stated in Leili v. County of Los Angeles (1983) 148 Cal.App.3d 985, 196 Cal.Rptr. 427: "section 31725 ... provides that if an employee, who has been terminated from his employment because of physical incapacity, is later found not to be disabled by the retirement board, he must be reinstated to employment." (Id. at p. 988, 196 Cal.Rptr. 427, emphasis added.)

Further, the court's statement in Phillips v. County of Fresno (1990) 225 Cal.App.3d 1240, 277 Cal.Rptr. 531 that the purpose of section 31725 is "to eliminate severe financial consequences to an employee resulting from

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