Kerlin v. Board of Administration

Opinion

REYNOSO, J.

By an action for declaratory relief plaintiff Kathie (Bonnet) Kerlin seeks a declaration that Government Code section 21205 is unconstitutional. She thereby seeks to collect death benefits from the Public Employees Retirement System (PERS) as the named beneficiaiy of her former husband, Charles K. Bonnet.

Plaintiff challenges a substantive and a procedural ruling of the trial court. In its substantive ruling the trial court held that the provisions of Government Code section 21205, dealing with beneficiaries of a deceased state employee, are constitutional. Thus, plaintiff’s…