Kuppens

The Board of Administration of the State Public Employees’ Retirement System (System) brought this action against an alleged third party tortfeasor and others to recover the value of benefits payable to a member of 10 years as a result of personal injuries suffered by him in a highway accident. The trial judge granted defendants’ motion for summary judgment and plaintiff appeals from the judgment of dismissal.

The basic allegations of the complaint may be summarized as follows: In April 1971, a police officer (employee), riding a motorcycle, was struck by an automobile negligently driven by defendant Agnes L. Kuppens, owned by defendant Genny A. Kuppens, and insured by defendant Automobile Club of Southern California. In February 1973, as a result of injuries sustained in this accidenj, the employee was granted disability retirement benefits payable by the System. By right of subrogation, the System seeks recovery of half of the actuarial equivalent of those benefits in the amount of $38,981.02.

The following undisputed facts form the basis of the summary judgment: During 1972 defendants entered into settlements with the employee, the City of Riverside (city) as his…