California Court of Appeal

In this case, defendant was ordered by the county Civil Service Commission to restore plaintiff to the employment from which she was wrongfully discharged, but defendant contends that plaintiff’s employment cannot be restored unless LACERA determines that she is no longer disabled (which it will not do unless she is a LACERA member). Plaintiff’s LACERA membership ended when she withdrew her retirement contributions after being told she is ineligible for retirement benefits. Judgment in favor of LACERA and against plaintiff is reversed, where: 1) the Civil Service Commission order requires defendant to restore plaintiff to employment, whether she is or is not disabled to serve as a deputy sheriff; 2) upon restoration of her employment, defendant will be restored to LACERA membership and will be eligible for LACERA’s evaluation of her disability status; and 3) LACERA breached its fiduciary duties to plaintiff and may be obligated to permit her to redeposit her withdrawn contributions.

Appellate Information

• Decided 12/15/2014
• Published 12/16/2014

Judges

• Chaney

Court

• California Court of Appeal

Counsel