Feliciano

The trial court granted respondent’s petition for a writ of mandate after concluding that the Public Employees’ Retirement Law (Gov. Code, § 20000 et seq.) required that respondent be reclassified as a “safety member” of the retirement system. Our reading of the applicable statutes leads us to the conclusion that respondent is not entitled to reclassification. Accordingly, we reverse the trial court’s judgment.

Facts

Respondent Robert Feliciano was employed by appellant Housing Authority of the County of Los Angeles (Housing Authority) as director of police and safety from June 1979 until September 1985. As director of police and safety, Feliciano was classified as a “miscellaneous” employee for purposes of determining the retirement benefits he would receive from appellant Public Employees’ Retirement System (PERS). Feliciano’s efforts to have his PERS status reclassified to “local safety member” form the basis for this appeal.

The testimony at the administrative hearing established that Feliciano’s position at the Housing Authority was primarily managerial, though he did on occasion wear a uniform, always carried a firearm, and was expected to respond to criminal…