The opinion
*395 KAUS, J.
I concur in the court’s conclusion that there is no substantial evidence to support the trial court’s determination that Hittle knew of his right to apply for disability retirement when he withdrew his contributions.
Since that conclusion disposes of the case, I see no need for the court to go out of its way to find further that SBCERA did not fulfill its fiduciary duty to deal with Hittle fairly and in good faith. Whatever shortcomings may be laid at SBCERA’s door, to characterize its handling of Hittle’s case as “tantamount to . . . misrepresentation and concealment, however ‘slight’ ” (p. 393, ante), is making words do tricks they were not meant to perform.