Bluestein

Bluestein v. Board of Administration of Public Employees' Retirement System

Good Law
155 Cal. Rptr. 303·1979 Cal. App. LEXIS 1730·92 Cal. App. 3d 904
Court of Appeal of CaliforniaMay 10, 1979Civ. No. 17736California322 words

Opinion

Lead Opinion

Paras, J.

Plaintiff Victor Bluestein, a retired state civil service employee after over 26 years of service, appeals from a judgment denying his petition for writ of administrative mandate. (Code Civ. Proc., § 1094.5.) He claims that in connection with his retirement benefits he is entitled to service credit for a six-month period from February to July 1950 when he was employed as a professional interne at Camarillo State Hospital. During this period plaintiff received room and board for his services but no money.

We agree with the trial judge that plaintiff is not entitled to such credit, since such employment was not for compensation within the meaning of Government Code sections 20022 and 20801. In fact, we cannot analyze the matter more succinctly and clearly than did the trial judge in her “Memorandum Decision,” which with very minor editing changes we herewith adopt as follows: The sole legal issue involved herein is whether room and board alone without a salary or cash payment constitutes “compensation” within the meaning of Government Code sections 20022 and 20801. If so, plaintiff may be entitled to service credit for six months in 1950 when acting as an interne at…

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