California Court of Appeal

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City of Oakland v. Oakland Police & Fire Retirement System, A136769

Judgment in favor of plaintiff-city in an action to determine how retirement benefits are calculated for members of defendant Oakland Police and Fire Retirement System, is vacated and remanded, where: 1) res judicata precludes the city from re-litigating the holiday premium pay issue; 2) plaintiff-city and the Board are estopped from requiring defendant's retirees to repay any retirement benefits based on the improper inclusion of shift differential pay as "compensation attached to rank;" but 3) the Board is not barred by theories of equitable estoppel or laches from recouping the benefits improperly paid to defendant's retirees based on an inflated number of pensionable holidays for fiscal years 2009, 2010, and 2011, although it has discretion regarding how these miscalculations should be handled.

Appellate Information

  • Decided 02/28/2014
  • Published 02/28/2014




  • California Court of Appeal