Porter v. Bd. of RetirementOrangeCounty
This case deals with payment of disability retirement to plaintiff Mary Porter by defendant Board of Retirement of the Orange County Employees Retirement System. The first time it was before us we determined that, under Government Code section 31724 (section 31724), the effective date of plaintiffs application for disability retirement was the day after the last day she was paid regular compensation. (Porter v. Board of Retirement of the Orange County Employees Retirement System (Dec. 23, 2005, G034319) [nonpub. opn.], p. 6; (Porter 1).) Court remanded the matter for the trial court to determine whether plaintiff had elected to begin retirement as of that date, and if so, whether she is required to reimburse for any payments she received for leave of absence or sick leave or both. (Id. at p. 7.). Court agree that the appeal is premature and dismiss it.
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