Katosh

Katosh v. Sonoma County Employees' Retirement Ass'n

Good Law
163 Cal. App. 4th 56·2008 Cal. App. LEXIS 758·77 Cal. Rptr. 3d 324
Court of Appeal of CaliforniaMay 21, 2008A115094California8,873 words

Opinion

Opinion

Kline, J.

INTRODUCTION

In this case we address the meaning of the term “regular compensation” in the section of the County Employees Retirement Law of 1937 (CERL) as codified in 1947 (Gov. Code, § 31450 et seq.) that establishes the effective date of a disability retirement (Gov. Code, § 31724, hereafter section 31724).

Donna Katosh appeals from the judgment of the Sonoma County Superior Court denying her petition for writ of mandate (Code Civ. Proc., §§ 1085, 1094.5) by which she sought to compel respondents Sonoma County Employees’ Retirement Association (SCERA) and Sonoma County Employees’ Board of Retirement (Board) to designate the day following her last day of work, June 27, 2000, as her effective retirement date and to overturn a decision of the Board determining the effective date of her retirement to be October 28, 2004, the day after she exhausted her accrued sick leave. The court determined that appellant had failed to show that the Board erred in setting her retirement date because she did not exhaust her accrued sick leave until October 28, 2004, and that pursuant to section 31724, her retirement could not be effective until she did so.

Appellant contends that the…

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