Orange County Employees' Ass'n v. Board of Administration

Orange County Employees’ Association and Alphonso Candella appeal a judgment denying them a peremptory writ of mandate to order respondent Board of Administration, Public Employees’ Retirement System to pay Candella a pension.

Candella began work as a custodian for the City of Anaheim on September 12, 1967. He was a member of the Public Employees’ Retirement System (PERS) and made contributions to it. By June 21, 1971, when he was over 55 years old, he had well over $500 on deposit in the PERS. He was “terminated” on February 24, 1972, after 4 years, 5 months and 12 days. On May 2, 1972, Candella was told he could withdraw his contributions from PERS or leave them on deposit in case he joined again by February 24, 1973. Candella rejected both options and asked for retirement. An executive officer of PERS denied Candella a pension on the ground Government Code section 20393 1 as amended in 1971 required *827 him to have five years of service. A hearing officer decided section 20393 did not bar Candella from electing retirement under the previous law which required $500 in contributions rather than five years service for eligibility. The board refused to follow the hearing…