Davis

Three former Walnut Creek police officers appeal the trial court’s denial of their petition for a writ of mandate. The officers seek mandamus to require the Public Employees’ Retirement Service (PERS) to accept their redeposit of retirement funds which will entitle them to credit under the PERS plan for the years they were employed with the City of Walnut Creek.

Walnut Creek cross-appeals the trial court judgment overruling its demurrer. The city asks the cross-appeal be dismissed if the trial court ruling on the merits of this case is affirmed.

The officers were employed by Walnut Creek for six to eight years prior to 1973. The facts of Raymond Davis’ case are illustrative. Davis joined the Fullerton Police Department in 1955, at a time when it contracted for its retirement plan with a state agency later designated as the PERS. For nine years he contributed his employee’s share to the fund but was required to withdraw his nonvested payments when he left Fullerton in 1964.

In that same year Davis became police chief for Walnut Creek and for eight years he contributed to its private retirement plan with John Hancock Insurance Company. In 1973 he separated from Walnut…