Fenske

We are primarily concerned in this case with (1) whether California Constitution, article III, section 3.5 (hereinafter referred to as section 3.5) divests the superior court of jurisdiction to review questions concerning the constitutionality of statutes governing administrative agencies, and (2) the constitutionality of Government Code section 20020.

We conclude (1) that section 3.5 does not divest the superior court of jurisdiction to review such questions, and (2) that Government Code section 20020 is unconstitutional insofar as it purports to apply only to males. We further conclude that rather than invalidate Government Code section 20020, it should be construed to apply also to females.

The facts are these: Respondent, Ivy L. Fenske (hereinafter Fenske), commenced employment October 19, 1971, as a secretary-dispatcher with the Grover City Police Department. She advanced to the position of dispatcher-stenographer. By reason of such employment Fenske was a member of the Public Employees’ Retirement System (hereinafter P.E.R.S.) and was classified by the Board of Administration (hereinafter Board) of P.E.R.S. as a “local miscellaneous member.” Fenske had been…