Firemen's Benevolent Assn. v. City Council

SHEPARD, J.

This is an appeal from a judgment granting a peremptory writ of. mandate directing the city council of the respondent City of Santa Ana (hereinafter called City) to forthwith amend the City’s contract with the Board of Administration of State Employees’ Retirement System (hereinafter called State), so as to adopt for the employees of City (hereinafter called Employees) all of the benefits provided by Government Code, sections 21264 and 21337.

The contract by which City effectuated the joinder of its retirement system with that of State came into being in 1947. City adopted a charter effective April 14, 1953. Government Code, sections 21264 and 21337 became effective after said date and provide certain benefits to certain surviving dependents of an employee who dies after becoming eligible for retirement or after retirement, which benefits are above and beyond those provided elsewhere in the act. The last paragraph of section 21264 reads as follows:

“This section shall not apply to any contracting agency nor to the employees of any contracting agency unless and until the agency elects to be subject to the provisions of this section by amendment to its contract made in the manner prescribed for approval of contracts, except that an election among the employees is not required, or, in the case of contracts made after the date this section takes effect, by express provision in such contract making the contracting agency subject to the provisions of this section.”

The last paragraph of section 21337 uses almost identical words.

Section 1400 of article XIV of the charter adopted hy City authorizes City and its council and officers to do any act necessary to enable City to continue as a contracting partici

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pant in the State Retirement System. The second paragraph of said section reads as follows:

“The City Council is directed to comply with all the provisions of the State Employees’ Retirement Law, as now enacted, or as it may hereafter be amended, including the levy of all necessary taxes.”

June 25, 1957 petitioner requested the city council of City to amend its contract with State to include for employees the benefits of said sections 21264 and 21337. January 3, 1958, petitioner filed its petition in superior court asking for a writ of mandate to compel the city council of City to amend its contract with State to include said benefits of sections 21264 and 21337. After trial on the alternative writ, a judgment was rendered for the issuance of a peremptory writ of mandate compelling said city council to forthwith amend City’s contract so as to make City subject to the provisions of said sections 21264 and 21337. City appeals from said judgment.