Byrd

Byrd v. State Pers. Bd.

Good Law
248 Cal. Rptr. 3d 831·36 Cal. App. 5th 899
Court of Appeal of CaliforniaJune 26, 2019D073879California3,791 words

Opinion

Lead Opinion

Dato, J.

Clare Byrd appeals from the trial court's judgment denying her petition for writ of mandate and declaratory judgment. Byrd asked the court to intervene following the breakdown of a settlement agreement between her and the California State University system (CSU), which the State Personnel Board (SPB) initially approved. But following a refusal to comply with material terms of the settlement by the California Public Employees' Retirement System (CalPERS), SPB changed its position and rejected the settlement in a decision vacating its prior approval.

Among other provisions, the settlement agreement directed that Byrd would be reinstated to a classification with a significantly higher salary, which she had never held, and that she would receive compensation at the higher salary during the period that CSU, with her assistance, would apply for medical retirement benefits. Byrd requested that the trial court compel CalPERS to process her reinstatement at the higher salary level. CalPERS maintained it was unable to do so because Government Code section 21198 -part of the statutory framework governing CalPERS's oversight of state pension funds-only authorized Byrd's reinstatement to a…

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