Opinion No. (1997)

DANIEL E. LUNGREN Attorney General CLAYTON P. ROCHE Deputy Attorney General THE HONORABLE LAWRENCE M. WATSON, CHIEF ACTING COUNTY COUNSEL, ORANGE COUNTY, has requested an opinion on the following question: May a person holding a non-management, clerical position in the office of a board of retirement governed by the County Employees Retirement Law of 1937 serve as a member of the board of retirement? CONCLUSION A person holding a non-management, clerical position in the office of a board of retirement governed by the County Employees Retirement Law of 1937 may serve as a member of the board of retirement. ANALYSIS Under the County Employees Retirement Law of 1937 (Gov. Code, §§ 31450 - 31898 ; "Act") 1 a retirement system may be established in each county for the employees of the county, special districts, and specified other public agencies. (§ 31500 ; Traub v. Board of Retirement (1983) 34 Cal.3d 793 , 798 ; 79 Ops.Cal.Atty.Gen. 95 (1996); 70 Ops.Cal.Atty.Gen. 1 (1987).) The administration of such a retirement system is vested in a board of retirement. (Cal. Const., art. XVI , § 17 ; §§ 31520, 31595; "board.") 2 Section 31520.1, applicable to the…