Toby L. BLOCK, Plaintiff and Respondent,
v.
ORANGE COUNTY EMPLOYEES' RETIREMENT SYSTEM, Defendant and Appellant.
Court of Appeal of California, Fourth District, Division Three.https://leagle.com/images/logo.png
April 10, 2008.
April 10, 2008.
Attorney(s) appearing for the Case
Julie E. Wyne and David H. Lantzer for Defendant and Appellant.
Steefel, Levitt & Weiss, Ashley K. Dunning and Kelly L. Knudson for Board of Retirement of the Alameda County Employees' Retirement Association, Board of Retirement of the Contra Costa County Employees' Retirement Association, Board of Retirement of the Marin County Employees' Retirement Association, and Board of Retirement of the Ventura County Employees' Retirement Association as Amici Curiae on behalf of Defendant and Appellant.
Reed Smith, Harvey L. Leiderman, San Francisco, and Jeffrey R. Rieger for Board of Retirement of the Fresno County Employees' Retirement Association, Board of Retirement of the Los Angeles County Employees' Retirement Association, Board of Retirement of the Sacramento County Employees' Retirement System, Board of Retirement of the San Joaquin County Employees' Retirement Association, and Board of Retirement of the Tulare County Employees' Retirement Association as Amici Curiae on behalf of Defendant and Appellant.
Lewis, Marenstein, Wicke & Sherwin and Thomas J. Wicke, Woodland Hills, for Plaintiff and Respondent.
Court of Appeal of California, Fourth District, Division Three.
OPINION
FYBEL, J.
INTRODUCTION
This case turns on our interpretation of the term "disability allowance" as used in Government Code section 31838.5, part of the County Employees Retirement Law of 1937, Government Code section 31450 et seq. (CERL). (All further statutory references are to the Government Code unless noted). The disputed portion of section 31838.5 states: "No provision of this chapter shall be construed to authorize any member, credited...
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