Smith v. L.A. Unified School District CA2/7

INTRODUCTION

Jeryl Smith appeals from the trial court’s order dismissing her action against the Los Angeles Unified School District after sustaining the District’s demurrer to Smith’s sixth amended complaint without leave to amend. Smith alleged the District violated Education Code section 22458 by failing to provide accurate information about her retirement date to the California State Teachers’ Retirement System (CalSTRS), which prevented CalSTRS from correctly computing her retirement benefits.1 The court ruled Smith failed to exhaust her administrative remedies. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. Smith Discovers an Error in Her Retirement Benefits and Contacts the District and CalSTRS The District employed Smith as a teacher from 1981 to 2008. A month before Smith intended to retire, she filled out a form stating her retirement date would be August 26, 2008. After she retired CalSTRS administered her retirement benefits.

Undesignated statutory references are to the Education Code. Section 22458 states: “Each employer shall provide the system with information regarding the compensation to be paid to employees subject to the Defined Benefit Program in…