California Court of Appeal

In an action alleging judicial pension payments to plaintiff-pensioners had been underpaid for decades, and seeking a declaratory judgment requiring defendant to recalculate the amount of judicial pensions owed to plaintiff-pensioners, judgment in favor of defendant is: 1) affirmed in part, where Olson I merely reaffirmed that judicial pensioners had a right to a percentage participation in the salaries paid to active jurists, including the increment of pro-rata increase in the salary of the judge occupying the office formerly occupied by the pensioner, which salary fluctuates with cost of living increases, but did not confer on or recognize any right of judicial pensioners to be exempted from changes in the underlying salary structure applicable to such active jurists, including changes to the cost of living adjustments (COLA) adopted by the 1976 amendment, and thus these claims must fail; and 2) vacated in part, where the trial court should have granted leave to amend to state the claims on behalf of 10 class members who were allegedly not paid the amounts due to them under Olson I as interpreted by the trial court.

Appellate Information

• Decided 05/29/2014
• Published 05/29/2014

Judges

• McDONALD

Court

• California Court of Appeal

Counsel