Legal Opinion

Rodie v. Board of Administration

California Court of Appeal

Decided January 29, 1981No. Docket Nos. 19304, 19475PublishedCited by 3 opinions

1Opinion of the Court

Opinion

BLEASE, J.

The Board of Administration (board) of the Public Employees’ Retirement System (PERS) appeals from the judgment mandating 1 it to retroactively change Elmer Rodie’s retirement status from disability to service and to pay him the benefits accruing thereby. PERS contends that the court erred in ruling that Rodie’s election of retirement for disability, rather than for service, was a “mistake,” cor rectable nunc pro. tunc under Government Code sections 20180 2 and 20181. 3 We affirm the judgment.

Facts

Rodie was employed by the City of Reedley as chief of police and was therefore…

2Cases cited5 opinions

  1. Strumsky v. San Diego County Employees Retirement Assn.California Supreme Court · 1974
  2. Dickey v. Retirement BoardCalifornia Supreme Court · 1976
  3. Hosford v. Board of AdministrationCalifornia Court of Appeal · 1978
  4. Campbell v. Board of AdministrationCalifornia Court of Appeal · 1980
  5. Cavitt v. City of Los AngelesCalifornia Court of Appeal · 1967

3Cited by3 opinions

  1. City of Oakland v. Public Employees' Retirement SystemCalifornia Court of Appeal · 2002
  2. Respers v. University of California Retirement SystemCalifornia Court of Appeal · 1985
  3. Button v. Board of AdministrationCalifornia Court of Appeal · 1981

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