California Court of Appeal

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City of San Diego v. Haas, D058225

In a class action pension case involving San Diego Ordinance No. 0-19567, which amended the San Diego Municipal Code (SDMC) to reflect that employees hired on or after July 1, 2005 were not eligible for the Four Benefits, summary judgment against San Diego City Employees Retirement System (SDCERS), is affirmed where: 1) although the Ordinance operates retroactively, it is not invalid because it only amends the SDMC to reflect the City's existing agreements with defendants; 2) no vote was required under City Charter article IX, section 143.1 for the Ordinance to become effective because defendants never accrued rights to the Four Benefits; and 3) Schaefer's individual appeal lacks merit.

Appellate Information

  • Decided 06/29/2012
  • Published 06/29/2012

Judges

  • NARES

Court

  • California Court of Appeal

Counsel