Moore

This appeal concerns computation of service, for retirement purposes, of a court reporter employed by a county which has joined the state employees’ retirement system. Respondent board contends that only time spent in services rendered to and paid for by the county is to be included in the retiring employee’s period of active service. Appellant, the reporter, urges that time he spent in rendition of services to private litigants, for which they paid him directly, must be included in the period which is one of the factors determining the amount of his retirement pay. The trial court accepted the board’s view, and after hearing upon an alternative writ, denied peremptory writ of mandate. The reporter appeals.

Appellant became a court reporter in Santa Clara County in 1929. On July 1, 1945, the county became a contracting agency under the State Employees’ Retirement Law.

This case is governed by the State Employees’ Retirement Law (Gov. Code, §§ 20000-21500). Under it, retirement benefits accrue for “service” rendered by “employees” and is based upon “compensation,” whether the employer be the state or a city or county as a contracting agency.

Service includes that “rendered as an…