Stillman

The trial court, sitting without a jury, rejected the claim of appellant Marsha Stillman for an increase in the retirement benefit paid to her by the Fresno County Employees’ Retirement Association (FCERA). Judgment was entered in favor of respondent board of retirement (the Board), the governing body of FCERA. The issue we must resolve is whether the Board must determine the compensation upon which the retirement benefit is based from the Government Code definition of “compensation” used by FCERA or, instead, whether the Board must use the different definition of “compensation” established by the retirement plan of San Luis Obispo County. We conclude the trial court correctly determined that FCERA was required to apply the definition of “compensation” set forth in Government Code section 31460. 1 Accordingly, we will affirm the judgment.

FACTUAL AND PROCEDURAL SUMMARY

Stillman was employed by Fresno County from 1969 through 1988; she accrued approximately 19 years of service credit as a member of FCERA. Stillman left her Fresno County employment and went to work for San Luis Obispo County; she accrued approximately 18 years of service credit as a member of the San Luis…