Wheeler v. Board of Administration of the Public Employees' Retirement System

Opinion

RICHARDSON, J.

We review a statutory provision which requires the reduction of certain California industrial disability retirement benefits by amounts which a retired state employee is “entitled to receive” in federal retirement or disability benefits. (Gov. Code, § 21293.5; further statutory references are to this code unless otherwise indicated.)

The uncontradicted facts before us are as follows: Appellant Wheeler was employed as a state correctional officer and, as such, was considered a state safety member covered by the Public Employees’ Retirement System (PERS). He retired on June…