Kobelin

*1059 Opinion

The appellant, retirement board, appeals from a judgment rendered in favor of respondent, Kobelin, after submission of an agreed case to the trial court. (Code Civ. Proc., § 1138.)

The chronological calendar of events from the facts agreed upon are as follows:

The question posed by this case is whether under this set of facts the respondent is entitled to credit for prior service in computing his retirement benefits for that period of service to San Diego County between August 1, 1927 and June 30, 1939. Members of the San Diego County Employees Retirement System who received credit for prior service make no contributions to the retirement fund for such service credit, and respondent accordingly made no contributions to that system for any service rendered prior to July 1, 1939.

A brief outline of the statutory scheme is necessary to an understanding of the problem.

Section 31831.1 provides: “Any member who left county or district service, and became a member of a retirement system established under this chapter in another county or of the Public Employees’ Retirement System, may elect deferred retirement pursuant to Article 9 of this chapter, provided that he…