Morgan

Morgan v. City of Los Angeles Board of Pension Commissioners

Good Law
102 Cal. Rptr. 2d 468·2000 Cal. App. LEXIS 973·2000 Daily Journal DAR 13521·85 Cal. App. 4th 836·2000 Cal. Daily Op. Serv. 10139
Court of Appeal of CaliforniaDecember 20, 2000B141831California3,900 words

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…

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