Montgomery v. Board of Retirement

Pursuant to Code of Civil Procedure section 1094.5, the appellant filed a petition in administrative mandamus in the superior court for a writ directing the Board of Retirement of the Kern County Employees’ Retirement Association (hereinafter the “Board”) to grant her claim for nonservice-connected disability retirement benefits. The petition was denied by the superior court without opinion. The cause is before this court upon an appeal by the appellant from that judgment.

The basic facts are not in dispute. The question of law is whether the Board’s decision abridged appellant’s right to the free exercise of her religion, secured under the free exercise clause of the First Amendment through the Fourteenth Amendment of the United States Constitution.

Appellant was employed by the County of Kern for a period in excess of 10 years as an account clerk. Because of a uterine tumor, she became disabled from performing her duties. Being a member of the Kern County Employees’ Retirement Association (hereinafter the “Association”), she applied with the Board for nonservice-connected disability retirement.

The Association is supported by contributions deducted from the wages of…