Charles

Charles v. Board of Administration

Good Law
1991 Cal. App. LEXIS 887·232 Cal. App. 3d 1410·284 Cal. Rptr. 106·91 Daily Journal DAR 9467·56 Cal. Comp. Cases 492
Court of Appeal of CaliforniaJuly 22, 1991G009842California1,260 words

Opinion

Opinion

Sonenshine, J.

—Brian B. Charles appeals a judgment denying his petition for a writ of mandate to set aside an administrative decision. Charles was later denied his requested reclassification from a miscellaneous member to a local safety member under the Public Employees’ Retirement System (PERS).

I

In 1986, Charles, a civilian paramedic with the Santa Ana Fire Department, applied for disability retirement. PERS notified him that because he had been employed as a paramedic for less than five years, he was ineligible for disability benefits. After Charles’s request for redetermination was denied, he appealed, but the administrative law judge affirmed the decision.

Charles unsuccessfully petitioned the superior court to set aside the administrative decision. This appeal followed.

II

PERS members are classified either as miscellaneous members or as local safety members (Gov. Code, §§ 20018, 20019). At the time Charles was hired, PERS classified civilian paramedics as miscellaneous members, entitling them to disability retirement only after five years of service. Firefighters, as defined by section 20021, were classified as local safety members and were entitled to disability…

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