State ex rel. Davis v. Public Employees Retirement Board

Mandamus—Writ sought by public employee ordering retirement board to transfer her from one type of retirement plan to different type of plan—No provision in R.C. Chapter 145 establishes clear legal right for public employee to obtain relief sought or imposes clear legal duty on retirement board to grant it—Court of appeals' denial of writ affirmed.

Objection of respondent sustained and writ of mandamus denied. Relator has not shown that she has a clear legal right to the relief she requests, nor that respondent is under a clear legal duty to perform the act requested. Therefore, relator is not entitled to a writ of mandamus ordering respondent, Public Employees Retirement Board, to retroactively modify relator's retirement plan with the Ohio Public Employees Retirement System from the Combined Plan to the Traditional Pension Plan, effective to October 8, 1987, her original date of hire by the Franklin County Public Defender.