Burdick

Cindy Burdick appeals a judgment denying her petition for writ of mandate against the Board of Retirement of the San Diego County Employees’ Retirement Association (Board). We reverse the judgment and direct the superior court to grant the writ.

I

On May 17, 1974, Burdick applied to the County of San Diego (County) to work as an intermediate clerk typist. Answering an application question about whether she had any infirmity or physical defect, Burdick wrote: “Diabetes: A diabetic for 16 yrs. Is controlled by a doctors care—Have had no trouble.” On August 29, 1974, as required by the County as a condition of employment, Burdick signed a waiver of any rights to a disability retirement resulting from diabetes or any related conditions. On September 6, 1974, Burdick entered County service.

*1251 During 1984 and 1985 Burdick was diagnosed as legally blind and suffering from neuropathy, complications resulting from diabetes. A County-requested medical examination disclosed Burdick was unable to perform many of her job duties requiring visual skills.

In July 1985 Burdick applied to the Board for nonservice connected disability retirement. The Board denied Burdick’s…