Association of Orange County Deputy Sheriffs v. County of Orange

The Association of Orange County Deputy Sheriffs (Association) appeals from a judgment denying its petition for a writ of mandate to compel the County of Orange 1 to allow Association members the right to obtain credit in the county retirement system for federal military service before they were employed by the county.

Association contends on appeal as it did in the trial court that federal law requires Orange County to permit members of its retirement system to obtain *571 credit for prior military service. 2 After some procedural complexities not relevant to this appeal, the trial court determined that the allowance of credit for prior military service is not legally required. 3 We agree and therefore affirm the judgment.

In support of its contention that the County of Orange is required to allow credit in its retirement system for prior military service Association relies on 10 United States Code section 1336 which reads: “No period of service included wholly or partly in determining a person’s right to, or the amount of, retired pay under this chapter may be excluded in determining his eligibility for any annuity, pension, or old-age benefit, under any other law, on…