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CITY OF FREMONT v. BOARD OF ADMINISTRATION

Docket No. C005429.

214 Cal.App.3d 1026 (1989)

263 Cal. Rptr. 164

CITY OF FREMONT, Plaintiff and Appellant, v. BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM, Defendant and Respondent; FREMONT POLICE ASSOCIATION et al., Real Parties in Interest and Respondents.

Court of Appeals of California, Third District.

October 16, 1989.

Attorney(s) appearing for the Case

COUNSEL

Allen E. Sprague, City Attorney, and Lyle L. Lopus, Assistant City Attorney, for Plaintiff and Appellant.

John K. Van de Kamp, Attorney General, N. Eugene Hill, Assistant Attorney General, Richard M. Frank and Daniel G. Stone, Deputy Attorneys General, for Defendant and Respondent.

Christopher D. Burdick, Cathleen A. Williams and Carroll, Burdick & McDonough for Real Parties in Interest and Respondents.

OPINION

EVANS, Acting P.J.

The City of Fremont (Fremont) appeals from a judgment denying its petition for a writ of mandate seeking to set aside a determination by the Board of Administration of the Public Employees' Retirement System (Board) that year-end cash outs of unused compensating time off in lieu of holiday pay for Fremont's police officers constitute "compensation" within the meaning of the Public Employees' Retirement Law...

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