Overend

Overend v. Board of Administration

Good Law
1991 Cal. App. LEXIS 795·232 Cal. App. 3d 166·283 Cal. Rptr. 322·91 Daily Journal DAR 8443
Court of Appeal of CaliforniaJuly 12, 1991No. B052075California2,224 words

Opinion

Lead Opinion

Ashby, J.

—Appellant Robert E. Overend was retired for disability as a “state miscellaneous” member of the Public Employees Retirement System (PERS). He subsequently sought reclassification as a “state safety” member. (Gov. Code, § 20013, subd. (b).) Respondent Board of Administration of PERS determined that appellant was properly classified as a miscellaneous member and not entitled to safety member status. The trial court upheld the board’s decision by denying appellant’s petition for a writ of mandate. (Code Civ. Proc., § 1094.5.)

We affirm. Appellant was not entitled to reclassification, because appellant was not employed in a job classification within any of the categories of state safety members set forth in the pertinent sections of the Government Code.

Appellant was employed as a “Tax Compliance Representative II” with the California Franchise Tax Board. The job description for the position of “Tax Compliance Representative” states in part, “Evaluate[s] evidence, *168 reports, records, and hearsay to determine the amount of liability; interrogates all available witnesses, including informants and law enforcement officials as well as tax debtors; gathers all other evidence…

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