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PRENTICE v. BOARD OF ADMIN., PERS

No. D049252.

69 Cal.Rptr.3d 167 (2007)

157 Cal.App.4th 983

Glenn E. PRENTICE, Plaintiff and Appellant, v. BOARD OF ADMINISTRATION, CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM, Defendant and Respondent.

Court of Appeal of California, Fourth District, Division One.

December 7, 2007.

Attorney(s) appearing for the Case

Law Office of Michael A. Conger and Michael A. Conger, Rancho Santa Fe, for Plaintiff and Appellant.

Peter H. Mixon, General Counsel, and Wesley E. Kennedy, Senior Staff Counsel, for Defendant and Respondent.

BENKE, J.

The Legislature and the Board of Administration of the Public Employees Retirement System (PERS) have adopted limitations on the salary which may be considered in calculating a public employee's retirement allowance. Among other matters, these limitations exclude from consideration payments which were not available to similarly situated public employees. In this case a local municipality decided to provide...

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