Holmes

This class action on behalf of former city police officers and firefighters seeks refund of amounts deducted from their salaries and placed in one of the two pension plans covering such employees. The case was tried before the court sitting without a jury, resulting in findings of fact and a judgment in favor of the city. This appeal is from that judgment.

Police officers and firefighters employed by the City of Los Angeles are covered by one of two pension systems. Before 1967, all police officers and firefighters were members of the fire and police pension system established under article XVII of the city charter. In 1967, the new pension system was established under article XVIII by amendment of the city charter. New employees thereafter became members of the new pension system, and those already employed could elect to stay with the older system or join the new one, which provided for increased salary deductions and increased benefits.

For purposes of this appeal, the salient features of those two pension systems are the same. They are as follows:

The feature of these plans that is the subject of this appeal is that the employee contributions are not refundable.…