Younger

Appellant, Evelle J. Younger, appeals from a summary judgment in favor of respondents, State of California, the Board of Administration of the Public Employees’ Retirement System, and Carl J. Blechinger, executive officer, and against appellant on his petition for writ of mandate or certiorari, and for declaratory relief.

Appellant served two 4-year terms as Attorney General of the State of California between 1971 and 1978. He subsequently retired and brought the proceeding below contesting the method by which his pension benefits were being calculated.

The issue before us is whether the trial court correctly interpreted the legislative intent of sections 9360.9 and 9360.10 of the Government Code as it applies to the cost of living aspect of appellant’s pension benefits.

When appellant took office as the duly elected Attorney General of the State of California in January 1971, the two statutes in issue read, in pertinent part, as follows:

Section 9360.9: “Notwithstanding any other provisions of this chapter, the provisions of this section shall be applicable to all allowances granted by this chapter commencing with each installment paid or payable on or after January…