Sullivan v. City of Santa Monica

ASHBURN, J. The city of Santa Monica, by contract with the State Board of Administration on April 5, 1944, elected to participate in the State Employees' Retirement System (Gov. Code, §20000 et seq.), thus becoming a “contracting agency" in the state system (id., §§ 20450-20495).

Petitioners are employees or retired employees (firemen and policemen) of the city and seek by writ of mandate to compel respondents to amend this contract to include for them the additional benefits of Government Code, section 21264, enacted in 1953, amended in 1955.

Petitioners appeal from judgment of dismissal entered upon the sustaining of respondents’ demurrer.

Section 1200 of the city charter provides: “The ‘State Employees’ Retirement Act,’ as it now exists or may hereafter be amended, is hereby adopted for the City of Santa Monica, and plenary authority and power are hereby vested in said City, its City Council and its several officers, agents and employees to do and perform any act, or exercise any authority granted, permitted, or required under the provisions of said Retirement Act, to enable said City to become or continue as a contracting City participating in the State Employees’ Retirement System; provided, however, that the City Council may terminate any contract entered into with the Board of Administration of the State Employees’ Retirement System only under authority granted by ordinance adopted by a majority vote of the electors of the City of Santa Monica, voting on such proposition at an election at which such proposal is presented. ’ ’

It is appellants’ contention that because this charter provision adopts the retirement law “as it now exists or may hereafter be amended," and because of the plenary power given the city council to do all things necessary to continue as a contracting party in the system, respondents have no discretion in the matter, but are required to amend the contract to make the benefits of section 21264 applicable to the petitioners.

Section 21264 provides special benefits for the surviving widow, children, or dependent parents upon the death of a “local safety member" after retirement. The last paragraph of said section provides: ‘ ‘ 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 [76]