Double Recovery.

Plaintiff, a bus driver for the County, filed a motion in the superior court seeking to have her disability retirement effective date as the day after she last received regular compensation, not when her workers’ compensation temporary disability pay period expired. The trial court entered an order stating her disability retirement was effective “the day following her last day of regular employment, with no offsets for sick leave or workers’ compensation temporary disability payments.” The appeal deals with effective date of her disability retirement. Government Code section 31724 states a disabled worker’s retirement becomes “effective on the expiration date of any leave of absence with compensation to which he shall become entitled.” In affirming the trial court’s order, the appellate court noted: “Had the Legislature intended to preclude a double recovery, we assume it would have done so as it did by providing in section 31724 that pension payments may not begin until after sick leave payments have ended.” (Porter v. Board of Retirement of the Orange County Employees’ Retirement System  (Cal. App. Fourth Dist., Div. 3; December 18, 2013) 222 Cal.App.4th 335, [165 Cal.Rptr.3d 510].)