Bishop

INTRODUCTION

Rolf Bishop, a former employee of the County of San Diego, pleaded guilty to a felony charge of violating a state conflict-of-interest law. After the entry of Bishop’s plea, but before his criminal sentencing, the San Diego County Employees Retirement Association (SDCERA) notified him that he had forfeited a portion of his accrued pension benefits under Government Code section 7522.74 on the basis that he had been “convicted” of a job-

related felony.1 Thereafter, the court overseeing Bishop’s criminal case reduced his offense to a misdemeanor under Penal Code section 17, subdivision (b)(3), and Bishop requested reinstatement of his forfeited pension benefits. SDCERA denied the reinstatement request and Bishop petitioned the trial court for a writ of administrative mandate seeking to set aside SDCERA’s decision. The court denied Bishop’s writ petition and entered judgment for SDCERA. Bishop appeals, arguing he is entitled to the reinstatement of his forfeited pension benefits because the crime to which he pleaded guilty was reduced to a misdemeanor at sentencing. Bishop’s appeal requires us to determine whether a public employee suffers a “conviction” within the…