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PERS was enacted ‘to effect economy and efficiency in the public service by providing a means whereby employees who became superannuated or otherwise incapacitated may, without hardship or prejudice, be replaced by more capable employees, and to that end provide a retirement system consisting of retirement compensation and death benefits.’ (§ 20001.) City employees become members of PERS when their employing city elects, via contract with the PERS Board, to have them covered by PERS.

J.).) We agree with the trial judge that our prior opinion was in error. BACKGROUND“The Public Employees' Retirement Law (Gov. Code, § 20000 et seq.) establishes a retirement system for certain state and local government employees.

The award concluded that by virtue of their duties and federal aviation regulations, the Servicemen were safety employees. The City simply contends that CCP section 338(d) bars the remedy that necessarily flowed from the administrative reclassification decision-the recovery of ‘public moneys' from the City in the form of retroactive contributions.” (Original italics.) The City does not explain the purpose of an administrative proceeding which cannot result in any relief. Section 20163 (formerly § 20165) enables PERS to “adjust” future contributions by the City in order to correct mistaken payments caused by the misclassification. Second, in some cases of delay, equity may bar an administrative proceeding, and “the courts will apply notions of laches borrowed from the civil law.” (Brown v.

321, 369 P.2d 937.) The trial court exercised its right to explain why it believed our prior opinion was incorrect. In 1995, based on certain duties they perform, the Servicemen, through their labor organization, sought to be reclassified as “safety” members, especially for the purposes of this appeal, as “local firefighters.” (See § 20433.) If successful, this application shall entitle the Servicemen to better pension benefits. Pursuant to a Memorandum of Understanding (MOU), the position was abolished in 1997 and existing incumbents either transferred into the Oakland Fire Department or into a new classification. It appears the 1997 MOU and the 1995 reclassification application were inspired by a February 1995 labor arbitration decision (confirmed by the Alameda County Superior Court) which concluded the City failed to provide necessary safety equipment and training to the Servicemen. 1, 12-13.)In its brief the City appears to agree with this view: “Contrary to Local 790's contention, moreover, the City does not claim that the statute of limitations barred the administrative proceedings. App.2d 737, 738-739, 98 P.2d 527.) Those limitations are not germane here.

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Cal PERS also notes that section 20164 is a substantive statute creating an ongoing duty to properly discharge its obligations. PERS has a fiduciary duty to provide timely and accurate information to its members. 99-01 [“The duty to inform and deal fairly with members also requires that the information conveyed be complete and unambiguous”]; see also Boxx v. 99-01.) Employee groups regularly seek reclassification, and may succeed by PERS Board action or by legislation. “(3) In cases where payment is erroneous because of the death of the retired member or beneficiary or because of the remarriage of the beneficiary, the period of limitation shall commence with the discovery of the erroneous payment.“(c) Notwithstanding subdivision (b), where any payment has been made as a result of fraudulent reports for compensation made, or caused to be made, by a member for his or her own benefit, the period of limitation shall be 10 years and that period shall commence either from the date of payment or upon discovery of the fraudulent reporting, whichever date is later.“(d) The board shall determine the applicability of the period of limitations in any case, and its determination with respect to the running of any period of limitation shall be conclusive and binding for the purposes of correcting the error or omission.”We note the last part of this statute (§ 20164, subd. We pointed out PERS had not passed on the statute of limitation question in that case, unlike in this case. (e).) The PERS Board's (and the City's ) obligations to PERS members lasts throughout their memberships or their lifetimes if they have retired. (a).) The California Constitution charges that the “board's duty to its participants ․ shall take precedence over any other duty.” (Cal. XVI, § 17(b).)There is no requirement that a particular type of claim have a statute of limitation. [¶] The statute of limitations contained in Government Code section 20164(b) applies to erroneous payments into or out of the retirement fund, not to reclassifications. [Citation.] Inherent in this contract is the duty on [the contracting agency]'s part and PERS' part to properly classify respondent. An estoppel binds not only the immediate parties to the transaction but those in privity with them.’ (Id. Finally, the City is not trying to limit the Servicemen to prospective relief (indeed, the Serviceman position no longer exists), it is trying to preclude them from receiving any relief. Such provision ․ relates only to actions or special proceedings in courts, and not hearings before boards. 23, 25, 23 P.2d 826.) Although the Bold case (like Bernd v. Had the Legislature wanted to carve out classification mistakes from the general rule governing other mistakes by PERS and contracting agencies, it could easily have done so.

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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.

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