California Government Code

§ 75564

GOV § 75564 Effective Sep 27, 1994Title 8 · Ch. 11.5 · Art. 4

Statute text

A member who is defeated at an election and who either had submitted, prior to the date of the election, an application for disability retirement or submits, on or after the date of the election, an application for disability retirement:

(a)Shall be presumed not to be disabled and this presumption is a presumption affecting the burden of proof.

(b)Shall, in a disability retirement proceeding before the commission, be subject to the standard of proof of clear and convincing evidence sufficient to sustain a claim to a reasonable certainty.

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Legislative history

Added by Stats. 1994, Ch. 879, Sec. 11. Effective September 27, 1994. Operative November 9, 1994, by Sec. 16 of Ch. 879.