Tuolumne County Deputy Sheriffs' Ass'n v. Board of Administration

Deputized employees of the Tuolumne County Sheriff, restricted in their employment to supervising inmates and maintaining securi ty at the county’s jail, were granted a writ of mandate compelling the Public Employees’ Retirement System (PERS) to change their membership status from “miscellaneous” to “safety,” thereby making them eligible for increased benefits. We conclude the trial court erred in ruling that these employees met the statutory prerequisites for “safety” membership. Accordingly, we reverse.

The County of Tuolumne has contracted with PERS for retirement benefits for all county employees. (Gov. Code, § 20000 et seq.; see § 20450.) By choosing to contract with PERS, the county agreed to abide by the statutory scheme governing these benefits. (§ 20490; Davis v. Board of Administration (1985) 164 Cal.App.3d 1026, 1032 [ 211 Cal.Rptr. 49 ].) The statutory scheme provides for classification of covered employees as either “miscellaneous” or “safety” members, depending on the nature of the typical tasks and duties of their positions. (§§ 20018, 20019.) Those employees classified as safety members are generally entitled to retirement benefits more generous than…