County of Marin Association of Firefighters v. Marin County Employees Retirement Ass'n

The Board of Retirement (Board) of the County of Marin (Marin) and the Marin County Employees Retirement Association (collectively Retirement Association) appeal from a judgment that grants a peremptory writ of mandate and declaratory relief in favor of respondents County of Marin Association of Firefighters (CMAF), Dick Bissig, Richard Lopez, Clarence Nunes, and George Thornton (collectively Firefighters). Retirement Association contends that, under the County Employees Retirement Law of 1937 (CERL) (Gov. Code, § 31450 et seq.), the trial court erred in reversing the Board’s decision regarding the extent to which it would include “holiday pay” as an element of compensation in computing retirement benefits for CMAF members. Retirement Association also contends that the trial court applied the wrong statute of limitations to its claim for unpaid retirement contributions relating to “holiday pay” and erred in awarding attorney fees. We agree that the trial court applied the wrong statute of limitations and reverse on that issue. We affirm the trial court’s other determinations.

Factual and Procedural Background

Pursuant to section 3501, CMAF represents Marin’s…