Guelfi

This appeal from the denial of a petition for writ of mandate presents the question whether appellants, retired Police Officers Robert Guelfi and Steven Kane (petitioners below), are entitled, under the County Employees Retirement Law of 1937 (Gov. Code, tit. 3, div. 4, eh. 3 (§ 31450 et seq.)) as subsequently amended (hereinafter CERL), to have their disability retirement payments calculated on the basis of preretirement earnings including amounts received for overtime, educational incentive pay and uniform allowance.

The County of Marin (County) has adopted CERL as the governing retirement law for its employees. Appellants are former deputy sheriffs for the County and former members of respondent Marin County Employees’ Retirement Association (Association). They are disability retirees and are classified as “safety members” for purposes of retirement eligibility under CERL. (§§ 31469.3 and 31470.2.)

Respondents, the Association and the Board of Retirement of the Marin County Employees’ Retirement Association (Board), are bodies vested with powers under CERL to manage the County’s retirement system (§ 31520), including the responsibility of determining the amount of…