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Labor & Employment Law

: New York Public Personnel Law

Overtime accruals excluded in calculating narcotics bureaus investigator?s retirement allowance

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Overtime accruals excluded in calculating narcotics bureaus investigator?s retirement allowance
Source: Findlaw?s Weekly Government Benefits Newsletter ? A Thomson Company, Copyright Š2010 by Findlaw, redistributed with permission. For subscription information go to: http://newsletters.findlaw.com/nl/

Stevenson v. Bd. of Ret. of the Orange County Employees' Ret. Sys. , California Court of Appeal, 07/07/2010

In plaintiff's petition for administrative mandate challenging the decision of the Board of Retirement of the Orange County Employees Retirement System (Board), excluding his overtime in calculating his pension allowance, trial court's denial of the petition is affirmed as the administrative record contains substantial evidence showing plaintiff's grade or class within the meaning of section 31461 was that of investigator, and as such, the overtime he worked that was unique to investigators in the narcotics bureaus was properly excluded from his "compensation earnable".

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Full post as published by New York Public Personnel Law on July 16, 2010 (boomark / email).