Riggs v. District Retirement Board

CARTER, J.

— Defendants appeal from a judgment granting a writ of mandate commanding them to pay teachers’ retirement benefits to plaintiff, a teacher in the Los Angeles City School District.

From the pleadings and the stipulation of facts the following facts appear. The Culver City School District is in

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Los Angeles County and adjoins the Los Angeles City School District. Plaintiff was employed as a teacher by the former district for six and one-half years prior to February 7, 1930. On February 1, 1930, she was assigned by the authorities of that district to teach in the Betsy Ross School located in that district. She taught in that school until February 7, 1930, when proceedings were consummated for the annexation of a portion of the Culver City School District to the Los Angeles City School District. The Betsy Ross School is located in the portion annexed. Plaintiff continued to teach at that school and her salary for the period from February 7, 1930, to June 30, 1930, was paid by the latter district, she being placed on the regular teaching staff on July 1, 1930, and continued with the performance of her duties there until she retired on June 30, 1939. Although it is stated in the stipulation of facts that plaintiff’s employment was severed because of her having reached the age of sixty-five years, it was alleged in her complaint and not denied that she made application in January, 1940, for retirement payments because she had reached the age of sixty-five years and “because of illness was unable to continue her work.” It may be said therefore that she retired because of disability. The Culver City School District at no time had a district retirement plan. Such a system was established by the Los Angeles City School District on September 1, 1937. Plaintiff became a member of that system and thereafter paid into the funds of the system all sums required to be paid by her up to June 30, 1939. The retirement system adopted by the Los Angeles City School District provided for retirement because of illness of a teacher who had fifteen years of teaching credit in the district.

The statutory provision, as it stood at the time of plaintiff’s retirement, with reference to teachers’ district retirement plans, as distinguished from state teachers’ retirement systems read: “Every district retirement plan adopted pursuant to the provisions hereof, shall provide that only those teachers and other employees who have served as teachers or employees