Dabagh

The State Employees’ Retirement System of the State of California has appealed from a judgment in a declaratory relief action in favor of Thomas S. Dabagh by which it was determined that he was entitled to have his retirement allowance computed on the entire salary earned by him while an employee of the Los Angeles County Law Library without the payment of contributions on salary in excess of $416.66 per month. The judgment also directed the retirement system to return the contributions paid under protest to the retirement system for such excess salary.

Margaret B. Dabagh, executrix of the last will of Thomas S. Dabagh, has been substituted in place of her deceased husband.

From 1939 to July 1, 1949, Thomas S. Dabagh was employed by the law library at a salary in excess of $416.66 per month. The law library was and is a contract member of the state retirement system.

Prior to October 1947, only the first $416.66 salary was considered for retirement benefits and only contributions based on this amount were required. By chapter 732 of the Statutes of 1947, effective September 19, 1947, section 20025 of the Government Code was amended and the salary ceiling was removed as to state…