Sullivan

Sullivan v. City of Santa Monica

Good Law
173 Cal. App. 2d 74·1959 Cal. App. LEXIS 1567·342 P.2d 414
Court of Appeal of CaliforniaAugust 13, 1959Civ. No. 23537California1,247 words

Opinion

Lead Opinion

Ashburn, J.

The city of Santa Monica, by contract with the State Board of Administration on April 5, 1944, elected to participate in the State Employees' Retirement System (Gov. Code, §20000 et seq.), thus becoming a “contracting agency" in the state system (id., §§ 20450-20495).

Petitioners are employees or retired employees (firemen and policemen) of the city and seek by writ of mandate to compel respondents to amend this contract to include for them the additional benefits of Government Code, section 21264, enacted in 1953, amended in 1955.

Petitioners appeal from judgment of dismissal entered upon the sustaining of respondents’ demurrer.

Section 1200 of the city charter provides: “The ‘State Employees’ Retirement Act,’ as it now exists or may hereafter be amended, is hereby adopted for the City of Santa Monica, and plenary authority and power are hereby vested in said City, its City Council and its several officers, agents and employees to do and perform any act, or exercise any authority granted, permitted, or required under the provisions of said Retirement Act, to enable said City to become or continue as a contracting City participating in the State Employees’ Retirement System;…

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