PRES

County of Mono v. Public Employees' Retirement System

Good Law
1999 Cal. App. LEXIS 99·69 Cal. App. 4th 1105·82 Cal. Rptr. 2d 130·99 Daily Journal DAR 1321·99 Cal. Daily Op. Serv. 1073
Court of Appeal of CaliforniaFebruary 8, 1999C027742California4,099 words

Opinion

Opinion

Davis, J.

The basic issue here is whether Mono County’s Public Safety Officers (PSO’s) must be granted “local safety member” classification under Mono County’s contract with the California Public Employees’ Retirement System (PERS). As part of their duties, PSO’s supervise county jail inmates.

We conclude that the PSO’s are “safety members” of PERS. We therefore reverse the trial court’s determination.

Background

As authorized by statute, Mono County (Mono) has contracted with PERS for retirement benefits for county employees. (Gov. Code, former § 20450;

all future references to sections are to the Government Code unless otherwise indicated ; City of Sacramento v. Public Employees Retirement System (1991) 229 Cal.App.3d 1470, 1476, fn. 2 [ 280 Cal.Rptr. 847 ].) By choosing to contract with PERS, Mono is subject to the statutory scheme governing PERS benefits (the Public Employees’ Retirement Law, or PERL). (Former § 20000 et seq.; Tuolumne County Deputy Sheriffs’ Assn. v. Board of Administration (1989) 209 Cal.App.3d 1236, 1238 [ 257 Cal.Rptr. 824 ]; Oden v. Board of Administration (1994) 23 Cal.App.4th 194, 201 [ 28 Cal.Rptr.2d 388 ] (Oden) [statutes defining the scope of PERS…

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