Karpe

Lucille C. Karpe’s appeal is from a judgment denying her application for a writ of mandate. She had sought by that proceeding to compel respondents to allow her service credits as a public school music teacher for the school years 1926-1927, 1927-1928, 1928-1929, and 1931-1932, 1932-1933, 1933-1934 and 1934-1935.

The question of the appeal is whether appellant held valid teaching credentials and thus had rendered “creditable service” (in computing her retirement benefits) during those years.

Education Code section 13981 states that: “Service performed prior to July 1, 1972, shall be credited according to the provisions of the law in effect at the time service was performed. . . .” Section 5.804 of the 1929 and section 5.890 of the 1935 School Codes, and sections 1772-1775 of the 1923 Political Code, as in effect at the relevant times, provided that only creditable service as a teacher might be used in the computation of retirement benefits. These statutes gave effect to the policy that only teachers of certified competency should ordinarily staff the public schools of this state.

Upon her retirement as a public schoolteacher, appellant was awarded retirement benefits…