What is the test for determining whether a pensioner has a valid claim to his retirement benefits?
California, United States of America
The following excerpt is from Cal. Dep't of Justice v. Bd. of Admin. of Cal. Pub. Employees' Ret. Sys., 194 Cal.Rptr.3d 619, 242 Cal.App.4th 133 (Cal. App. 2015):
Retirement benefits and reinstatement rights are fundamental vested rights. (Roccaforte v. City of San Diego(1979) 89 Cal.App.3d 877, 886, 152 Cal.Rptr. 558.) When an administrative decision substantially affects fundamental vested rights, the trial court applies its independent judgment to the evidence. (Id.at pp. 885886, 152 Cal.Rptr. 558.) On appeal, we need only review the record to determine whether the trial court'sfindings are supported by substantial evidence. [Citations.] As to questions of
[194 Cal.Rptr.3d 622]
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