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California Court of Appeal


Chaidez v. Board of Administration of California Public Employees' Retirement System, C065913

Judgment in favor of defendant, upholding its determination that the statutory scheme required PERS to calculate plaintiff's retirement benefits on a bifurcated basis, his time as a City employee would be calculated using his highest employee salary, and his time on the city council would be calculated separately using his highest compensation as an elected official, is affirmed, where: 1) the calculation of pension benefits is governed by statute, and plaintiff is only entitled to the retirement benefits he actually earned; and 2) on this record, nothing in the California Constitution bars PERS from applying the governing statutes in a bifurcated manner to calculate plaintiff's retirement benefits.

Appellate Information

  • Decided 02/03/2014
  • Published 02/03/2014

Judges

  • MAURO

Court

  • California Court of Appeal

Counsel

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