Puckett v. Orange County Board of Retirement

[1077]

Opinion

SCOVILLE, P. J.

The Orange County Board of Retirement (Board) appeals a judgment ordering it to change the effective date of Stephen Puckett’s disability retirement. Puckett had applied for disability retirement from his job as a firefighter and, while his application was pending, worked at a lower-paying county position. The issue on appeal is whether Puckett was entitled to retirement payments while working at the second job. The trial court determined he was. We have concluded the trial court correctly determined the commencement date of Puckett’s retirement allowance, but erroneously failed to order an offset for the compensation he received at the second job.

Facts

The parties stipulated to the following facts. Puckett was employed as a fire apparatus engineer by the county, a position involving firefighting duties. He developed psychiatric problems and applied for disability retirement in April 1983. While his application was pending, Puckett was reassigned to a lower-paying position as a mechanic’s helper. He received compensation as a fire apparatus engineer through November 11, 1983, at which time his lower salary as mechanic’s helper became effective.

The Board approved Puckett’s application on August 12, 1985, and Puckett terminated his county employment on that date. The Board then set the effective date for commencement of Puckett’s retirement payments at August 13, 1985, the day after Puckett terminated his employment. It calculated the amount of his retirement payments at $1,176.71 per month (50% of Puckett’s highest average salary as a fire apparatus engineer).

Puckett requested the Board to change the effective date of his pension to November 12, 1983, the day after his compensation as a fire apparatus engineer was discontinued. The Board denied his request.

Puckett then petitioned in superior court for a peremptory writ of mandate ordering the Board to set aside its decision. Paragraph 3(d) of his petition stated that “[i]t was the position of the Petitioner [in his correspondence with the Board] that the pension should have been made effective November, 1983 with of course, credit to Respondents for wages received . . . during the period from November, 1983 through August, 1985.” His supporting points and authorities stated: “Government Code Section 31725.6 herein above cited indicates that once a Board such as Respondent determines that a member is incapacitated and the member then accepts alternative employment, he is to be paid the difference between his