O'Brien

O'Brien v. City of Glendale

Good Law
1968 Cal. App. LEXIS 2344·262 Cal. App. 2d 547·68 Cal. Rptr. 838
Court of Appeal of CaliforniaMay 28, 1968Civ. No. 31450California2,289 words

Opinion

Lead Opinion

Shinn, J.

The City of Glendale is party to a contract with the State Employees’ Retirement System under which retirement, death and disability benefits are provided for the employees of the city. The contract was executed pursuant to Article XXV of the city charter which was adopted as an amendment in 1945. The article, in material part, reads as follows: “The City shall participate in the State Employees’ Retirement System, and it shall be the duty of The Council to enter into a contract with the Board of Administration thereof providing for retirement, death and disability benefits for persons in the employ of the City, to the full extent authorized by the State Employees’ Retirement Act, as now and hereafter amended, except that credit for prior service, within the meaning of said Act, shall be limited to fifty pereentum. ’ ’

In 1947 Article XXV and the contract were amended to increase credit for prior service from 50 percent to 100 percent.

In 1955 Article XXV was further amended as follows: “Section 1. The participation of the City in the State Employees’ Retirement. System shall continue and shall include all specific benefits and provisions approved by the voters or The.Council…

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