Is there any case law in favour of withholding retirement disability benefits from an employee who fails to meet the earnings test?

California, United States of America


The following excerpt is from Atchley v. City of Fresno, 151 Cal.App.3d 635, 199 Cal.Rptr. 72 (Cal. App. 1984):

Olson v. Cory is entirely consistent with the principle that an employee is entitled to the pension benefits in effect at the time of his employment. In the present case, the earnings test was a statutory provision of the system at the time of their employment and has not been modified, or changed, but merely implemented and enforced. Therefore, the trial court did not err as a matter of law in upholding the lawfulness of the withholding of retirement disability benefits for failure to file the required report forms.

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