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As a result of the reorganization, this position will no longer exist. To the extent that the two statutes conflict, the more specific language in the retirement statute should govern. Section 20160 goes on to provide “Corrections ․ shall be such that the status, rights, and obligations ․ are adjusted to be the same that they would have been if the act that would have been taken, but for the error or omission, was taken at the proper time,” unless the PERS Board finds retroactive correction cannot be made, not all parties can be adjusted retroactively, or “the purposes of this part will not be effectuated” by retroactive correction. (e).) The preference for retroactive corrections dovetails with our discussion above. Incumbents will be given a choice of applying as entry-level firefighters, or assuming a newly developed position entitled “Airport Operations Specialist.” Those becoming entry-level firefighters will be entitled to PERS safety status. Cal PERS also notes that section 20164 is a substantive statute creating an ongoing duty to properly discharge its obligations. 803 [public retirement benefits “are wholly statutory”]; In re Henderson (Nov. 98-02 [although retiree detrimentally relied on PERS mistake in benefits amount, “To find an estoppel here would be to allow Cal PERS to unilaterally alter the statutory retirement benefit formula without benefit of enabling statutory authorization”].) The Legislature has expressed a preference for retroactive corrections. The procedural statute of limitations does not appear to override this duty.“12. (See In re Application of Smith (March 31, 1999) PERS Prec. A statute (§ 20890, formerly § 20803.2) provides that prior local miscellaneous service will be converted to local safety service if the employee works for the same agency, the prior miscellaneous position was reclassified as a safety position (whether by statute or by PERS ruling), and the employee has other safety position credit. (d)) provides that the PERS Board's determination of which period of limitation applies, and regarding “the running of any period of limitation shall be conclusive and binding for purposes of correcting the error or omission.” (Italics added.) However, the PERS Board does not contend the “conclusive and binding” determination precludes all judicial review. In the Code of Civil Procedure, the Legislature has “specified the limitations applicable to a wide variety of actions, and then to rebut the possible inference that actions not therein specifically described are to be regarded as exempt from limitations, it has specified a 4-year limitation upon ‘an action for relief not hereinbefore provided for’ (sec.343); and where it has intended that an action shall be exempt from limitations, it has said so in clear and unmistakable language.” (Bogart v. The three-year statute of limitations in the Code of Civil Procedure is also inapplicable. 538, addressed a similar problem consistent with our analysis. We reject the City's view (accepted by County of Mono ) that because classification mistakes are not specifically mentioned in the PERS statutes pertaining to mistakes, courts should import the general “mistake” statute of limitations of the Code of Civil Procedure. [Citations.] Respondent board is not a ‘court’ [citation], even though it exercises a power judicial in its nature.” (Bold v. We should not supply a limitation period not contemplated by the Legislature. Airport Servicemen are not entitled to prospective safety status classification. Government Code section 20164(a) provides that Cal PERS' obligations to its members ‘continue throughout their respective memberships' and its obligations to retired members continue throughout the lives of the retired members, and thereafter until all obligations to their respective beneficiaries, if any, have been discharged. 433 [interpreting former § 20180 broadly].) A misclassification is covered by this section. After concluding Boxx should have been classified as a safety member, the court required the PERS-employer contract to be amended to cover Boxx, relying on former section 20180, now section 20160. The trial court mentioned a couple of cases which reject application of the Code of Civil Procedure statutes of limitations in administrative proceedings. Liebert, Cassidy and Whitmore, Cynthia O' Neill and Michael N. PERS urged the Servicemen were not firefighters, at least not before 1993, when they spent a lot of time fueling aircraft. In the former case, petitions for writ of mandate were dismissed on the ground that the employees had not exhausted administrative remedies prior to seeking relief in the courts. Rptr.2d 687, 952 P.2d 704 [wage claim]; Triad Data Services, Inc. (b)), and do so retroactively in most cases (id., subd. Union Oil was cited by County of Marin, supra, 30 Cal. Rptr.2d 736, in support of extension of the mistake statute to cover claims for arrearages resulting from reclassifications under a county retirement law. Rptr.2d 130.) We respectfully decline to join in this apparent misapplication of Union Oil and County of Marin. Westheimer, Mountain View, for Plaintiff and Appellant. PERS argued: “After the fueling duties were abandoned, it appears that the principal duties of this position constituted active firefighting, and that since they had no other principal duties, they can be deemed to be in a de facto fire department which makes them eligible for coverage as local firefighter members of Cal PERS under section 20433 for that period.”A nine-day administrative hearing took place. Here, neither Airport Servicemen nor Local 790 have sought judicial review. 138-139.) The rule is not limited to disciplinary cases. County of Marin was discussing a claim made in a civil action. We decline to express any opinion about the application of the mistake statute, or any other statute of limitation, to a theoretical future civil action by PERS to seek arrearages or otherwise judicially enforce the consequences of its reclassification decision.
In January 1998, an administrative law judge (ALJ) concluded the Servicemen were “entitled to Cal PERS ‘local firefighter’ safety status under section 20433, retroactive to July 1, 1976.”The ALJ addressed timeliness issues as follows:“10. Rptr.2d 778]; Los Angeles County Employee Association v[.] County of Los Angeles (1976) 61 Cal. Local 790 suggests that here, in the absence of a formal decision and notice of appeal rights, Airport Servicemen are not precluded from seeking reclassification to local firefighter status because of earlier inquiries. Rptr.2d 736 [not a PERS case, but decided under similar law] (County of Marin ).)B. Moreover, PERS maintains that its remedy in no event would be a suit for public moneys paid out through mistake. 239-252.) For example, a mandamus proceeding seeking proper classification of a teacher, pursuant to a statutory classification, is barred if brought beyond three years, the period in which to bring civil actions (including a mandamus action) for liability based on statutes.
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