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62-year-old Alla Pugacheva and 35-year-old Maxim Galkin got married on December 23, 2011.You change their lives by perhaps changing yours in a beautiful way.The three[-]year statute of limitations in the Code of Civil Procedure is also inapplicable. Rptr.2d 545.) This reflects that reclassifications regularly occur. [¶] ․ [¶]“(b) Subject to subdivisions (c) and (d), the board shall correct all actions taken as a result of errors or omissions of the university, any contracting agency, any state agency or department, or this system.“(c) The duty and power of the board to correct mistakes, as provided in this section, shall terminate upon the expiration of obligations of this system to the party seeking correction of the error or omission, as those obligations are defined by Section 20164.“(d) The party seeking correction of an error or omission pursuant to this section has the burden of presenting documentation or other evidence to the board establishing the right to correction pursuant to subdivisions (a) and (b).“(e) Corrections of errors or omissions pursuant to this section shall be such that the status, rights, and obligations of all parties described in subdivisions (a) and (b) 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. Rptr.2d 130.) We first stated “This is not a case ․ where PERS owes money to a member or beneficiary, at least at this juncture” and therefore the prior section which is now section 20164, subdivision (b)(2) did not apply: “Instead, this is a case where PERS seeks to reclassify [employees] as safety members and to retroactively assess Mono and the [employees] the difference in contributions between miscellaneous and safety membership.” (County of Mono, supra, 69 Cal. Nor did it address whether a reclassification proceeding is a civil action, a critical omission. Rptr.2d 130 [“Mono is mixing the ‘apple’ of statute of limitations ․ with the ‘orange’ of retroactive relief”].) The parties quarrel about the City's ability to invoke County of Mono but for the purposes of this appeal we assume it can do so, even though the PERS Board did not have the benefit of that decision in making its ruling. 293] ) [the contracting agency] was estopped from not correcting its contract with PERS, if a correction was necessary. 538.)The City argues the retroactive-correction preference set out in section 20160, which allows prospective corrections in certain cases, “evinces the legislative recognition that notwithstanding the lifelong obligations that Cal PERS has to member employees and beneficiaries, there will be circumstances when retroactive adjustment is simply not warranted at all. We did not discuss these authorities in County of Mono. Statutes of limitation act as a bar to actions or proceedings in courts”].)Bernard Witkin's treatise states flatly: “The general and special statutes of limitation referring to actions and special proceedings are applicable only to judicial proceedings; they do not apply to administrative proceedings. The Legislature has prescribed time limitations in some administrative cases. Rptr.2d 687, 952 P.2d 704.)As relevant to the PERS Board, the Legislature has prescribed a six-month period in which the PERS Board may correct “errors or omissions of any active or retired member[.]” (§ 20160, subd. (a).) As stated above, such corrections should ordinarily be made retroactive. (e).)We agree with PERS's position, echoed by the Servicemen, that this scheme evidences a legislative purpose of “correcting system errors or omissions wherever possible, and City's position would preclude implementing such intention.” Because a misclassification is a mistake not caused by the members, the PERS Board's duty to correct it continues throughout their membership and the lifetime of retired members. (b)(2).) Actions to recoup money paid by the fraud of a member are generally barred after 10 years. (c).) These limitation periods for “actions” do not apply to administrative proceedings, for the reasons already explained. 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. 538 [once local agency entered into PERS contract, it, too, had duty to properly classify employee] (Boxx ).)Misclassification occurs for various reasons. A reclassification means the individual members of the class must have their particular years of service under a particular class adjusted. However, notwithstanding any of the other provisions of this section, corrections made pursuant to this section shall adjust the status, rights, and obligations of all parties described in subdivisions (a) and (b) as of the time that the correction actually takes place if the board finds any of the following:“(1) That the correction cannot be performed in a retroactive manner.“(2) That even if the correction can be performed in a retroactive manner, the status, rights, and obligations of all of the parties described in subdivisions (a) and (b) cannot be adjusted to be the same that they would have been if the error or omission had not occurred.“(3) That the purposes of this part will not be effectuated if the correction is performed in a retroactive manner.”Note that the statute just quoted expresses a preference for retroactive correction of errors. (e).)Section 20164 (formerly § 20181) discusses time limits for making corrections, as follows:“(a) The obligations of this system to its members continue throughout their respective memberships, and the obligations of this system to and in respect to retired members continue throughout the lives of the respective retired members, and thereafter until all obligations to their respective beneficiaries under optional settlements have been discharged. Rptr.2d 607 [“Proposition 162 removed the Legislature's authority to meddle in the Board's investment decisions and it established that the Board's primary obligation was to its members and beneficiaries. Rptr.2d 220.)In the County of Mono case, a group of local employees wanted to be reclassified as local safety members, as provided by Mono County's contract with PERS. As we shall explain, we reject the view that the mistake statute applies to PERS administrative reclassification proceedings. Although “reclassification” is not mentioned in these sections, a misclassification qualifies as an error within the statute providing “the board shall correct all actions taken as a result of errors or omissions of ․ any contracting agency ․ or this system.” (§ 20160, subd. 959.) The Legislature has provided, for example, that there is no period of limitations in actions to recover money deposited in a bank. Proc., § 348.) Such money belongs to the depositor, and the Legislature could rationally conclude it should be recoverable regardless of the passage of time. Concomitantly with the estoppel applicable to [the contracting agency], PERS likewise is estopped to deny coverage. 293].) [¶] Hence, under section 20180, the “action required” was to properly classify respondent so that the duties he performed would be covered under PERS to give him its maximum coverage. This section authorizes courts to conclude, as did this Court in County of Mono, supra, 69 Cal. Rptr.2d 130, that Cal PERS' lifelong obligations to its members must and do give way in cases such as this one, when a retroactive correction cannot be made due the bar of the statute of limitations, or when Cal PERS fails to promptly correct classification errors.”The first sentence of the City's argument is correct. First, section 20160, subdivision (e), confers on PERS, not on courts, the duty to determine when corrections should be prospective. Rptr.2d 626 [“Statutes of limitations found in the Code of Civil Procedure ․ do not apply to administrative actions”].) In an earlier case, Bernd v. We do now.“An action is an ordinary proceeding in a court of justice by which one party prosecutes another for the declaration, enforcement, or protection of a right, the redress or prevention of a wrong, or the punishment of a public offense.” (Code Civ. 58) also involved disciplinary actions, we see no reason why an administrative proceeding which does not involve discipline is any more akin to a “civil action” or “special proceeding of a civil nature.” (See French v. [Citations.] Limitation periods are, however, provided for in the acts governing some administrative proceedings.” (3 Witkin, Cal. For example, a statute gives the Labor Commissioner the ability to establish time limitations: “The salutary purposes of such limitations [citations] are no less applicable to [administrative] proceedings for unpaid wages than they are to civil actions for the same relief.” (Cuadra v. (a).) For all other errors, the PERS Board's duty to correct the mistake (upon proof of the right to correction by the applicant) does not terminate until “the expiration of obligations of this system to the party seeking correction of the error or omission,” which generally means throughout PERS membership and through the lifetime of retired PERS members. By specifying that the PERS Board “shall correct all actions taken as a result of errors or omissions of ․ any contracting agency ․ or this system” (§ 20160, subd. But they do demonstrate the Legislature knows how to draft time limits applicable to specific types of cases when it wants to.
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The City suggests that the right of Airport Servicemen to retroactive adjustment of their benefits is limited. Local 790 is not precluded from applying for reclassification in these proceedings.“11. A pair of statutes provides the PERS Board's power and obligation to fix mistakes. Instead, because contribution rates are set by law (§ 20814) and because no contracting agency “shall fail or refuse to pay the employers' contribution required by this chapter” (§ 20831), PERS argues its remedy is writ of mandate to compel the performance of the statutory duty to pay the actuarially determined contributions rates. 302 [“a statute of limitations may not be created by judicial fiat”].)The Legislature has also set forth limitations regarding civil actions pertaining to matters within the PERS Board's purview.
This is because they earlier petitioned Cal PERS for safety status and were denied. It is argued that Local 790 is foreclosed from challenging PERS previous decisions since it failed to exhaust its administrative remedies in prior proceedings. The City further argues that this action is subject to a three-year statute of limitation because it essentially seeks to enforce a statutory duty and/or to obtain relief on ground of mistake.“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. 198 [employees tried to avoid paying the higher contributions required by retroactive reclassification]; County of Marin Assn. Section 20160 (formerly § 20180) sets out the Board's duties to correct different types of errors as follows:“(a) Subject to subdivisions (c) and (d), the board may, in its discretion and upon any terms it deems just, correct the errors or omissions of any active or retired member, [if asked to do so no later than six months after discovery of the error]. Rptr.2d 130.) We then ruled: “Since PERL does not set forth a specific statute of limitations that applies here, PERS's claim for reclassification and retroactive contributions is governed by the general statute of limitation provisions set forth in the Code of Civil Procedure.” (Ibid.)County of Mono, supra, 69 Cal. Rptr.2d 130 did not address Proposition 162, and although it quoted the precursor to section 20160, regarding the preference for retroactive corrections, it did not discuss that provision in the portion concluding the mistake statute applied. 58, we concluded an administrative disciplinary proceeding was not subject to the Code of Civil Procedure statutes of limitation. 731 [the “right to rescind by notice without judicial proceedings is not barred by the statute of limitations. We express no view on the validity or timeliness of possible future legal actions PERS might take to implement the reclassification decision. Actions to adjust mistakes resulting in “payments into or out of the retirement fund” are normally barred after three years, as with the general mistake statute. (b).) However, even this limitation does not apply “where this system owes money to a member or beneficiary[.]” (Id., subd.
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.