Facts

Petitioners Kenneth Hale and Robert Wolf were employed as firefighters by the Department of Forestry and Fire Protection (CAL FIRE). Both petitioners became members of the California Public Employees' Retirement System (CalPERS) when they began their employment with CAL FIRE. Petitioners were elected to the top two officer positions of CAL FIRE Local 2881, the exclusive bargaining representative State Bargaining Unit 8. Petitioners filed a petition for writ of mandate seeking judicial review of respondent CalPERS's denial of mandated yearly cash outs of Petitioners' holiday leave credits as pensionable special compensation.

PETITIONER'S CONTENTIONS: Petitioner contended that the cash outs should be included in the calculation of their pension benefits because Petitioners, as union officers but still State employees (on full time union leave), could not use holiday leave because of the 24/7 demands of their positions, yet were the only two members of the bargaining unit required (under the terms of Bargaining Unit 8's memorandum of understanding) to cash out their floating holiday leave credits annually.

RESPONDENT'S CONTENTIONS: Respondent contended that petitioners were not entitled to the yearly cash outs because it did not qualify as a pensionable income under the Public Employees' Retirement Law.

Result

The court denied petitioner's writ of mandate, finding that respondent did not abuse its discretion by determining that petitioner's cash outs were not available to members of Bargaining Unit 8.