Retroactive Pension Info

Background

On February 1, 2008, the County of Orange filed a lawsuit seeking to invalidate the retroactive portion of a pension increase that had been granted to many County peace officers effective June 2002. The County alleges that the grant of the retroactive pension increase violated the California Constitution. The materials below relate to this lawsuit:

April 2011 Update

On April 13, 2011, the California Supreme Court denied the County's petition for review.

February 2011 Update

By a vote of 4-1, the Orange County Board of Supervisors has authorized the filing of a petition for review of the case with the California Supreme Court.

January 2011 Update

On January 26, 2011, the Court of Appeal for the State of California (Second Appellate District, Division One) affirmed the earlier judgment of the Superior Court of Los Angeles County in this case.

February 2009 Update

Read the ruling from Judge Helen Bendix below.

July 2008 Update

The lawsuit has been transferred to Los Angeles County Superior Court and assigned to Judge Helen Bendix. In July, the parties resolved pre-trial motions, and the County filed an amended complaint that added detail, but did not materially change the legal theories alleged or relief sought in the original complaint.

The Association of Orange County Deputy Sheriffs is now a party to the lawsuit, in addition to the Orange County Employees Retirement System. Any other persons with financial interests in the case may file a motion with the Los Angeles County Superior Court for leave to join the lawsuit.