Dalton

In this case we consider whether former employees of East Bay Municipal Utility District (EBMUD) who are participants in EBMUD Employees’ Retirement System (Retirement System) may file an action for breach of fiduciary duty and denial of equal protection against EBMUD, the Retirement System and EBMUD Retirement Board (Retirement Board) without first filing a claim pursuant to the California Torts Claim Act. We conclude the presentation of a written claim against defendants is a prerequisite to maintaining this action.

The Pleadings

Plaintiffs’ complaint alleges their class consists of over 800 former and retired employees of defendant EBMUD who retired prior to July 1, 1989, and who are participants in the “1955 Formula” of defendant Retirement System. The 1955 Formula required substantial payroll contributions from the employees and matching contributions from EBMUD but offered high benefits upon retirement.

In 1980, EBMUD started a second-tier retirement formula for new employees known as the “1980 Formula.” Employee contributions under the 1980 Formula were about two-thirds less than the 1955 Formula, but the 1980 Formula offered lower retirement benefits. During a…