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CITY OF SACRAMENTO v. PUBLIC EMP. RETIREMENT SYS

Docket No. C006855.

229 Cal.App.3d 1470 (1991)

280 Cal. Rptr. 847

CITY OF SACRAMENTO, Plaintiff and Respondent, v. PUBLIC EMPLOYEES RETIREMENT SYSTEM, Defendant and Appellant.

Court of Appeals of California, Third District.

May 7, 1991.

Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, Attorney General, Richard M. Frank and Cathy Christian, Deputy Attorneys General, for Defendant and Appellant.

Davis, Reno & Courtney, Alan C. Davis and Cindy O'Hara-Varela as Amici Curiae on behalf of Defendant and Appellant.

James P. Jackson, City Attorney, and William P. Carnazzo, Deputy City Attorney, for Plaintiff and Respondent.

OPINION

DAVIS, J. —

INTRODUCTION

This appeal presents the novel issue of whether the extra one-half hour overtime "premium" pay required by the federal Fair Labor Standards Act (FLSA), 29 United States Code sections 201-219, is the equivalent of "overtime" under the Public Employees' Retirement Law (PERL), Government Code section 20025.2, which is defined as payment for service performed "in excess of the hours of...

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