McKee

Plaintiff Larry G. McKee (McKee) appeals from a judgment denying a writ of mandate which sought to compel defendant, Public Employees’ Retirement System (PERS), to enroll McKee in a health care program provided pursuant to the Public Employees’ Retirement System. We affirm.

Facts

McKee took office, as a superior court judge in Kings County, January 5, 1981. At the time of taking office he declined the opportunity to enroll in a health benefits plan under the Public Employees’ Medical and Hospital Care Act. 1 Because of injuries he later sustained in an automobile accident, he applied for disability retirement and then attempted, for the first time, to enroll in the health benefits program by submitting a health statement to the carrier. 2 The carrier declined to act on his application. McKee was there *1056 after granted retirement by the Commission on Judicial Performance. At the commencement of the open enrollment period after his retirement, McKee again attempted to enroll in the health benefits program. His application was rejected because he had not enrolled in a health benefits plan prior to his retirement.

On April 29, 1985, McKee filed a petition for a writ of…