PERS
City of Oakland v. Public Employees' Retirement System
Opinion
Opinion
Morrison, J.
This case involves the retroactive reclassification of local government employees from “miscellaneous” to “firefighter,” a safety membership which earns better pension benefits. (See Gov. Code, §§ 20370, subd. (c), 20420, 20433; further undesignated section references are to this code.)
We agree with the trial court that the employees in this case were “firefighters” as defined by statute. We also agree with the trial court’s view it was bound by one of our prior decisions to conclude the employees were entitled to no relief because of a statute of limitations purportedly applicable to reclassification of employees subject to the Public Employees’ Retirement Law (PERL). (§ 20000 et seq.) (Auto Equity Sales, Inc. v. Superior Court (1962) 57 Cal.2d 450, 455 [ 20 Cal.Rptr. 321 , 369 P.2d 937 ].) The trial court exercised its right to explain why it believed our prior opinion was incorrect. (See People v. Musante (1980) 102 Cal.App.3d 156, 159 [ 162 Cal.Rptr. 158 ] (conc. opn. of Gardner, P. J.).) We agree with the trial judge that our prior opinion was in error. Accordingly, we shall reverse with directions.
Background
“The Public Employees’ Retirement Law (Gov. Code, §…