Cory

Plaintiff James Kenneth Cory served as both California State Controller and a member of the California Legislature. Now retired and collecting pension benefits, Cory challenges the Board of Administration of the Public Employees’ Retirement System (PERS) in its calculation of his retirement benefits. Initially, Cory and PERS disagreed over which Government Code section applied: Government Code section 9359.12, subdivision (a), governing pensions of “legislators,” or Government Code section 9359.1, governing pensions for “mixed” service in both the Legislature and as a constitutional officer. PERS later offered Cory pension benefits under section 9359.12 but based those benefits on Cory’s salary as a member of the Assembly. Cory filed a petition for writ of administrative mandamus, arguing benefits under section 9359.12, subdivision (a) should be based on his salary as Controller. The trial court denied the petition. On appeal the parties cleave to their original positions: Cory argues the “plain meaning” of section 9359.12 supports his interpretation; PERS counters that section 9359.12 must be read in the context of the entire legislative framework of the Legislators’…