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CITY OF RICHMOND v. COM. ON STATE MANDATES

No. C026835.

75 Cal.Rptr.2d 754 (1998)

64 Cal.App.4th 1190

CITY OF RICHMOND, Plaintiff and Appellant, v. COMMISSION ON STATE MANDATES, Defendant and Respondent. Department of Finance, Real Party in Interest and Respondent.

Court of Appeals of California, Third District.

Review Denied August 19, 1998.

Attorney(s) appearing for the Case

Nossaman, Guthner, Knox and Elliott, Robert J. Sullivan, Sacramento, Stephen P. Wilman, John T. Kennedy, and Scott N. Yamaguchi, Los Angeles, for Plaintiff and Appellant.

Gary D. Hori, Sacramento, and Shawn D. Silva, Roseville, for Defendant and Respondent.

Dwight L. Herr, County Counsel (Santa Cruz), Ronald R. Ball, City Attorney (Carlsbad), Michael G. Colantuono, City Attorney (Cudahay), William B. Conners, City Attorney (Monterey), Jonathan B. Stone, City Attorney (Montebello), Daniel J. McHugh, City Attorney (Redlands), Jeffrey G. Jorgensen, City Attorney (San Luis Obispo), Brian Libow, City Attorney (San Pablo), Howard, Rice, Nemerovski, Canady, Falk and Richard C. Jacobs, Amici Curiae on behalf of Plaintiff and Appellant.

Daniel E. Lungren, Attorney General, Linda A. Cabatic, Assistant Attorney General, Marsha Bedwell and Shelleyanne W. L. Chang, Deputy Attorneys General, for Real Party in Interest and Respondent.

MORRISON, Associate Justice.

Chapter 478 of the Statutes of 1989 (chapter 478) amended Labor Code section 4707 to eliminate local safety members of the Public Employees' Retirement System (PERS) from the coordination provisions for death benefits payable under workers' compensation and under PERS. As a result, the survivors of a local safety member of PERS who is killed in the line of duty receives both a death benefit under workers' compensation and a special death...

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