Astorga v. Retirement Board

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Plaintiff challenged the trial court's denial of her petition for a writ of mandate. The trial court concluded that the Board correctly calculated plaintiff's effective date of disability retirement. Plaintiff raised two questions on appeal: (1) whether donated sick leave or vacation time from co-workers is considered "regular compensation" of the disabled employee under Government Code section 31724, and (2) whether the incremental payments of sick leave, vacation and holiday pay should be "compressed" to achieve an earlier date of retirement. The court concluded that the first question is not properly before it. In regards to the second question, the court concluded that Katosh v. Sonoma County Employees' Retirement Assn. confirmed the bright line rule that disability retirement benefits are not available until the day following the day paid leave was last received. Therefore, the trial court properly denied her petition for writ of mandate challenging that date. The court affirmed the judgment. View "Astorga v. Retirement Board" on Justia Law