Kobelin v. Board of Retirement

[1059]Opinion

IRWIN, J.* The appellant, retirement board, appeals from a judgment rendered in favor of respondent, Kobelin, after submission of an agreed case to the trial court. (Code Civ. Proc., § 1138.)

The chronological calendar of events from the facts agreed upon are as follows:

August 1,1927 Respondent was employed by the County of San Diego.

July 1,1939 San Diego County Employees Retirement System established1 in San Diego County; respondent automatically became a member and began contributing.

June 30,1946 Respondent left active employment with the County of San Diego.

July 1,1946 Respondent was employed by the State of California and became a member of the State (now Public) Employees Retirement System on January 1, 1947, with Service credit from July 1,1946.

October 1,1946 Respondent withdrew his accumulated contributions from the San Diego County Employees Retirement System as authorized by section 316282 (then C.E.R.A. § 95).

November 8,1967 Effective date of- section 31831.1 amendment (Stats. 1967, ch. 1383, p. 3243) authorizing redeposit of withdrawn contribution, so as to permit election to receive deferred compensation.

December 29,1967 Respondent elected deferred retirement and redeposited in the county retirement fund the amount of his former contributions plus interest as required by section 31831.1.

[1060]September 1,1968 Respondent retired concurrently under both systems.

The question posed by this case is whether under this set of facts the respondent is entitled to credit for prior service in computing his retirement benefits for that period of service to San Diego County between August 1, 1927 and June 30, 1939. Members of the San Diego County Employees Retirement System who received credit for prior service make no contributions to the retirement fund for such service credit, and respondent accordingly made no contributions to that system for any service rendered prior to July 1, 1939.