Weber

Weber v. Board of Retirement

Good Law
1998 Cal. App. LEXIS 311·62 Cal. App. 4th 1440·73 Cal. Rptr. 2d 769·98 Daily Journal DAR 3683·98 Cal. Daily Op. Serv. 2690
Court of Appeal of CaliforniaApril 10, 1998B110776California4,639 words

Opinion

Opinion

Aldrich, J.

Introduction

In this appeal, we are asked to determine whether Los Angeles County employees are entitled to interest under Civil Code section 3287, subdivision (a) on the lump-sum portion of their disability retirement benefits which portion was administratively awarded to them by the board of retirement. Petitioners are members of the Los Angeles County Employees Retirement Association (LACERA) who have been granted service-connected disability retirement pensions under the County Employees Retirement Law of 1937, Government Code section 31200 et seq. (CERL). When LACERA denied petitioners’ requests for interest on the retroactive portion of their benefits which is paid in a lump sum, petitioners filed this class-action petition for writ of mandate asking the court to order LACERA to pay the interest. LACERA moved for judgment on the pleadings based on the Supreme Court’s holding in American Federation of Labor v. Unemployment Ins. Appeals Bd. (1996) 13 Cal.4th 1017 [ 56 Cal.Rptr.2d 109 , 920 P.2d 1314 ] CAFL-CIO) arguing that as an administrative body, it has no statutory authority to award interest when paying the retroactive portion of disability benefits and…

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