Morgan
Morgan v. City of Los Angeles Board of Pension Commissioners
Opinion
Opinion
Todd, J.
Appellants, current and retired Los Angeles Police Department officers, seek inclusion of certain uniform field assignment incentive pay (Incentive Pay) in the base upon which their pensions are calculated. This Incentive Pay was created by a memorandum of understanding (MOU) negotiated between the Police Protective League (representing appellants) and the City of Los Angeles, and expressly provides that it is not to be pension-based. Appellants contend that the Incentive Pay is “Special Pay” and/or “Assignment Pay” as defined in the Los Angeles City Charter, and consequently under the charter is required to be pension-based. We find that the Incentive Pay is neither Special Pay nor Assignment Pay as defined by the city charter, and affirm the trial court’s denial of appellants’ petition for writ of mandate.
Factual and Procedural History
The Pension Plans
The New Pension System
Appellants Morgan and Preciado are members of the “New Pension System,” which is set forth in article XVIII of the city charter, section 190.01 et seq. The New Pension System was established in 1967, and includes police officers hired between its enactment and 1980, when a new plan was…