Frank

Plaintiff, Anthony S. Frank, worked as a for the California Department of Corrections (“Department”). He was so employed at the California Conservation Center at Susanville from October 1, 1965, through July 23, 1971. On the latter day, he suffered a job related injury. As a result he took immediate sick leave. He was continuously on sick leave thereafter until February 7, 1972, when he applied to the defendant Board of Administration (“Board”) of the Public Employees’ Retirement System (“PERS”) for industrial disability retirement as a law enforcement member of PERS. It is undisputed that plaintiff’s injury incapacitated him for the performance of his duties within the meaning of Government Code section 21025.

The executive officer of the Board determined that plaintiff was not a law enforcement member of PERS within the meaning of section 20017.77; that he was therefore not entitled to industrial disability retirement benefits; and that he was a state miscellaneous member of PERS within the meaning of sections 20014 and 20016. As such, plaintiff was entitled only to an ordinary disability retirement allowance as provided by sections 21295 and 21296. The ordinary…