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CITY OF OAKLAND v. PERS

No. C035486.

115 Cal.Rptr.2d 151 (2002)

95 Cal.App.4th 29

CITY OF OAKLAND, Plaintiff and Appellant, v. PUBLIC EMPLOYEES' RETIREMENT SYSTEM et al., Defendants and Appellants. United Public Employees' Local 790 etc., Real Party in Interest and Appellant.

Court of Appeals of California, Third District.

Rehearing Denied February 7, 2002.

Review Denied March 27, 2002.

Attorney(s) appearing for the Case

Liebert, Cassidy and Whitmore, Cynthia O'Neill and Michael N. Westheimer, Mountain View, for Plaintiff and Appellant.

Richard B. Maness, Sacramento, for Defendant and appellant.

VanBourg, Weinberg, Roger & Rosenfeld, W. Daniel Boone, Oakland, Eric Borgerson, and M. Suzanne Murphy, for Real Party in Interest and Appellant.

MORRISON, J.

This case involves the retroactive reclassification of local government employees from "miscellaneous" to "firefighter," a safety membership which earns better pension benefits. (See Gov.Code, §§ 20370, subd. (c), 20420, 20433; further undesignated section references are to this code.)

We agree with the trial court that the employees in this case were "firefighters" as defined by statute. We also agree with the trial court's view it...

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