Hale

Filed 8/29/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

KENNETH HALE et al., Petitioners and Appellants,

A161758

v. CALIFORNIA PUBLIC (City & County of San Francisco EMPLOYEES’ RETIREMENT Super. Ct. No. CPF18516340)

SYSTEM,

Defendant and Respondent.

After Kenneth Hale and Robert Wolf retired from public service, they sought to have California Public Employees’ Retirement System (CalPERS) include in their pension calculations “cash-outs” they received for accrued holiday leave credits. CalPERS declined to do so, and the trial court upheld its decision. Hale and Lavonne Wolf (the heir of Robert Wolf, who is now deceased) have appealed the judgment. We reverse.

FACTUAL AND PROCEDURAL BACKGROUND

Hale and Wolf were both firefighters with California’s Department of Forestry and Fire Protection (Cal Fire), and for the last ten years of their careers both served as executive officers for Cal Fire Local 2881 (Local 2881 or the union). The union is the exclusive bargaining representative for firefighters, fire captains, and other fire control employees of Cal…