County of Sutter v. Board of Administration

This appeal tenders the question whether family support investigators employed by the District Attorney of the County of Sutter are entitled to enhanced retirement benefits (Gov. Code, § 21251.13) as “county peace officers” under section 20021.5 when his practice and policy is to enforce parental support obligations primarily by civil rather than criminal action.

The Board of Administration, Public Employees’ Retirement System (PERS) administratively determined that the employees meet the statutory criterion of section 20021.5—that their “principal duties are to investigate crime and criminal cases”—notwithstanding the district attorney’s election to employ them primarily in connection with civil proceedings. PERS seeks reversal of the judgment granted County of Sutter overturning its decision. We will affirm the judgment.

Facts and Procedural Background

In April 1985 Sutter County sent a letter to PERS requesting that its employees in the position entitled family support investigator not be classified as “county peace officers.” The letter asserted that under the policy of the district attorney not to pursue Penal Code section 270 remedies, except in rare cases, these…