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Case Name Voortman v. Stanislaus County Employees' Retirement Assn.
Date 04/05/2012
Note A former police chief was not entitled to have the administrative denial of his disability retirement application set aside based on the two-year delay in its processing because he had elected to take service retirement while his disability retirement application remained pending.
Citation F062610
WCC Citation WCC 38832012 CA
Arthur Voortman v. Stanislaus County Employees' Retirement Association No. F062610 (Cal. App. Dist. 5 04/05/2012) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT F062610 April 5, 2012 ARTHUR VOORTMAN, PLAINTIFF AND RESPONDENT, v. STANISLAUS COUNTY EMPLOYEES' RETIREMENT ASSOCIATION, DEFENDANT AND APPELLANT. The judgment set aside a decision of appellant Stanislaus County Employees' Retirement Association (hereafter, the association) that denied respondent's application for disability retirement. In light of these considerations, on October 23, 2007, respondent applied for service retirement (i. e. , "regular" retirement based on age and length of service) and attempted to apply simultaneously for service-connected disability retirement. The trial court found that there was no prohibition on simultaneous filing of applications for service retirement and disability retirement. *fn3 A county employee covered by a CERL retirement plan is a member of the association and, upon reaching retirement age, may apply for service retirement based on the employee's age and length of service.

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