Henry

The Board of Administration of the Public Employees’ Retirement System has appealed from a judgment granting peremptory *660 writ of mandate. At issue is an employee’s right to redeposit contributions into the Public Employees’ Retirement System, by installment payments withheld from her monthly pension.

Mary Henry was a classified employee of the Los Angeles City School District from 1952 to 1969, and earned over 17 years of service credit as a member of the Public Employees’ Retirement System (hereinafter referred to as PERS). In 1969, she obtained employment as a teacher (certificated employee) of the Los Angeles Unified School District and became a member of the State Teachers’ Retirement System. On January 28, 1969, she withdrew her accumulated contributions on deposit with PERS.

On July 13, 1976, while teaching, respondent suffered a massive heart attack, as a result of which she is totally disabled and has been unable to return to teaching.

In November 1976, after it was determined that she did not have sufficient time in the State Teachers’ Retirement System to qualify for disability retirement, respondent communicated with PERS in an effort to redeposit the…