Snow v. Board of Administration

In Snow v. Board of Administration (1978) 87 Cal.App.3d 484, the plaintiff was a retired civil service employee who had been awarded additional compensation for "out-of-class" services by the State Board of Control ( id., at p. 486). He then applied to the Board of Public Employees' Retirement System for a retirement allowance based on the higher salary scale and petitioned for a writ of mandate when his application was denied. ( Id., at p. 487.) The Court rejected the argument that section 19257 entitled him to the higher status, because the record showed there was no actual appointment to a higher position and plaintiff was at all times fully aware that his requests therefor had been rejected. Essentially the same facts are present here. "The mere assumption and performance of the duties of a higher classification cannot require that the employee be appointed to it." ( Snow, supra, at p. 489.) Nor can he be compensated at the higher rate. In Snow v. Board of Administration (1978) a retired state employee sought to compel the PERS board to recompute his final compensation to include an award for duties performed above the class of employment to which he had been appointed. The court held that such an award would be improper: "The mere assumption and performance of the duties of a higher classification cannot require that the employee be appointed to it . . . . Snow's assumption, with the concurrence of his supervisors, of the duties of an out-of-class position did not entitle him to the higher classification . . . . Snow and his supervisors cannot be allowed to circumvent the constitutional and statutory hiring scheme by the mere assumption by Snow of the duties of a position to which all were aware he had not been appointed." ( Id., at p. 489.)