Lewis
Board of Retirement v. Lewis
Opinion
Opinion
Moore, J.
This case involves two consolidated appeals by the Board of Supervisors of Orange County, and S. E. Lewis, the county’s auditor-con- trailer (Auditor) arising from a mandamus action brought against them by the Board of Retirement of the Orange County Employees Retirement System (Board). In case number G005928, appellants challenge an order disqualifying county counsel from representing them and denying a motion to disqualify private counsel from representing Board in this proceeding. In case number G006203, Auditor alone appeals from a judgment granting a peremptory writ of mandate directing him to make increased employer and employee retirement fund contributions for certain members of the Orange County Employees Retirement System. The primary issue presented is whether an amendment to Government Code section 31558, eliminating the maximum age limit for an employee’s entry into the retirement system as a safety member, required persons previously hired into county positions eligible for safety member status who exceeded the maximum age limit when commencing service be reclassified as safety members as of the amendment’s effective date.