Opinion
Page 871g
138 Cal.App.4th 871g __ Cal.Rptr.3d__ JESSE ZUNIGA, Plaintiff and Appellant, v. LOS ANGELES COUNTY CIVIL SERVICE COMMISSION et al., Defendants and Respondents. B179975 California Court of Appeal, Second District, Fourth Division April 24, 2006Los Angeles County Super. Ct. No. BS084496
ORDER MODIFYING OPINION
THE COURT
It is ordered that the published opinion filed March 27, 2006, be modified as follows:
1. On page 5 [137 Cal.App.4th 1260, advance report, above first full paragraph], the following paragraph is inserted after the first full paragraph:
In a petition for rehearing, Zuniga argues that he did not "resign," but instead "retired," and that the distinction is significant because the Commission retains jurisdiction in the cases of retirement. We disagree. As we understand the county's system and others like it (e.g., State Personnel Board and the Public Employees' Retirement System), the activating event is separation from service, whether by retirement, resignation, death, or discharge. The point at issue is the jurisdiction of the civil service agency — the Commission. Once a person has separated from service, the Commission has no further jurisdiction except in the limited situations specified in the governing constitutional charter or statutory provisions. As we have discussed, none of these apply in this case. It appears that Zuniga applied for and received retirement from the Board of Retirement of the Los Angeles County Employees Retirement Association, thereby effecting a separation from service. This voluntary separation from service constituted a resignation from employment. (See Duncan v. Department of Personnel Administration (2000) 77 Cal.App.4th 1166, 1177-1178 [92 Cal.Rptr.2d 257] .)
There is no change in the judgment.
Appellant's petition for rehearing is denied.