Overend
Overend v. Board of Administration
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…