City of Sacramento v. Public Employees' Retirement System

from a judgment which declares that a 1987 amendment to the Public Employees’ Retirement Law, relating to enhanced pension benefits, applies to its employees without its election.

Sacramento, as an agency contracting with the Public Employees’ Retirement System (PERS), is subject to the Public Employees’ Retirement Law. Under that law employees classified as “local safety members” (§ 20019), including “local firemen” (§ 20021), are entitled to enhanced pension benefits (§ 21252.01).

In 1987 the Legislature amended section 20021, expanding the class of “local firemen” from “active” firefighters to include those engaged in fire prevention, training, or investigation. (Stats. 1987, ch. 1411, § 2, p. 5198.) The amendment did not condition its application upon the election of the contracting agency nor had the section ever been so conditioned. By contrast, another section, added in the same enactment, does condition the extension of safety membership to harbor and port officers upon the election of the contracting agency. (§ 20019.37.)

PERS concluded that the 1987 amendment is binding upon Sacramento without its election. The trial court agreed. This appeal…