Pearsall

Raymond D. Pearsall appeals from judgment denying petition for writ of mandamus to require the Board of Administration, Public Employees’ Retirement System (PERS), to credit him with four years of military service in the computation of his city retirement benefits.

Appellant served in the United States Army from 1939 to 1968. He thereafter was employed by the City of Pasadena for the period 1968 to 1975, and by reason of such employment was a member of PERS. 1 Appellant retired from city service in 1975. Pursuant to the statutory scheme which provides that an employee, when applying for retirement benefits, may elect to receive credit for public service rendered in addition to his current employment, appellant had requested PERS to *127 credit him with a four-year period of military service. 2 Appellant was receiving a monetary stipend from the federal government as a result of that service. PERS denied the application. An administrative hearing followed in which the hearing officer recommended that appellant not receive increased benefits as a result of his military service because Government Code section 20809 precludes the granting of public service credit if the…