Poppa
Poppa v. Board of Administration
Opinion
Lead Opinion
Feinberg, J.
The Board of Administration (Board) of the Public Employees’ Retirement System (PERS) appeals from a judgment of the trial *850 court granting Mrs. Poppa special death benefits pursuant to Government Code section 21363 for the death of her husband.
The decedent was a correctional officer for the Department of Corrections and retired on May 1, 1977. He voluntarily returned to active duty in October 1980 upon the request of prison officials, but continued to receive his monthly retirement allowance. Mr. Poppa died on October 7, 1980, and the Workers’ Compensation Appeals Board determined that his death was “industrial.” Mrs. Poppa received from PERS the lump sum Retired Death Benefit of $500 and Mr. Poppa’s retirement contribution of $8,058.57. She also petitioned for special death benefits under section 21363, which were denied because Mr. Poppa was not a member of PERS at the time of his employment that resulted in his death. After an administrative hearing which upheld PERS’ position, the superior court issued a writ of mandamus ordering PERS to pay her special death benefits provided for by section 21363. We disagree and reverse.