17www.calpers.ca.gov
Mandatory Reinstatement Rights
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State or CSU Retirees
If you are a State of California or California State University (CSU) disability
retiree, you have mandatory reinstatement rights to your prior civil service
position from which you were found disabled. Your right to return depends
on medical clearance that your condition has improved to the point where
you can perform the essential functions of the position.
If you are medically cleared to return to the position from which
you retired and choose not to return, you will forever forfeit your
mandatory reinstatement rights to that position.
The chart below shows different scenarios for when your mandatory
reinstatement rights would be forfeited.
Scenario Reinstatement Rights
1
You retired on disability from
your position as an office
assistant. Your condition
improves, and you are medically
cleared to perform your former
office assistant job duties. You
find another office assistant job
that you’re interested in applying
for with another employer.
You may…
• return to your former position, or
• accept the new office assistant job
with the other employer.
You will forfeit your right to return
to your former position with the
employer you retired from
(Government Code section 21193).
2
You retired on disability from
your position as an office
assistant. Your condition
improves, and you are medically
cleared to perform your former
office assistant job duties.
You find another job within
the same classification as an
office assistant, which you’re
interested in applying for.
You may…
• return to your former position, or
• reinstate into the vacant position
in the same classification as your
former position as long as you are
first determined to be capable of
performing the new job duties. You
will forfeit your right to return to your
former position with the employer
you retired from (Government Code
section 21193).
3
You retired on disability from
your position as a cook. You
are still incapacitated from
performing your job duties as a
cook, but you were medically
cleared to perform a different
job. You are now working in that
new job. Later, you are medically
cleared to perform your former
cook job duties.
You may…
• reinstate to your former cook
position, or
• keep working in your new position
and forfeit your rights to return to
the cook position (Government
Code section 21193).