Thomas B. Sawyer v. County of Sonoma and Retirement Board of the County of Sonoma, Defendants

Appellant, a former Deputy County Counsel for the County of Sonoma (the “County”), brought this action against the County and the County Retirement Board (the “Board”) seeking additional retirement benefits pursuant to 10 U.S.C. § 1336 . The parties filed cross motions for summary judgment and the district court granted appellees’ motion, finding that appellant’s claim for additional retirement benefits was barred by his failure to timely file a proper request therefor. We find no material facts are in dispute and that the district court properly concluded that appellees were entitled to summary judgment. We therefore affirm.

I

Appellant was employed as a Deputy County Counsel from July 1,1969 to February 1, 1977. Prior to his employment with the County, appellant served in the United States Army. In March 1934, appellant was commissioned an officer of the United States Army Reserve. From December, 1940 until January, 1946, he was on active duty in the United States Army, and thereafter served in the Army Reserve until 1962. Because he completed twenty years of Reserve service, he became eligible for military retirement benefits at age sixty in June, 1972.

The County maintains…