Piombo

The Board of Retirement of San Mateo County (the Board) appeals from an order granting a writ of mandate ordering it to permit respondent Frank Piombo to redeposit retirement contributions which he had made while a member of the retirement system of San Mateo County (the County) between 1954 and 1964 and had then-withdrawn, and to reinstate him in the system. Because at this point respondent is statutorily ineligible for redeposit and reinstatement, we must reverse.

I

Respondent was employed by the County as a deputy district attorney from January 1954 through August 1964, during which time he was a member of the County retirement system until he withdrew his contributions in August 1964. From September 1, 1964, through January 21, 1971, respondent was employed as City Attorney of the City of Millbrae. During this time he was a member of the statewide Public Employees’ Retirement System (PERS) until he elected to withdraw his contributions thereto in January 1971. On January 28, 1971, respondent became a judge of the County municipal court and a member of the Judges’ Retirement System. Respondent served successively as a judge of the municipal court and of the superior…