Medina

Medina v. BOARD OF RETIREMENT, LACERA

Good Law
112 Cal. App. 4th 864·5 Cal. Rptr. 3d 634
Court of Appeal of CaliforniaNovember 4, 2003B161881California2,597 words

Opinion

Opinion

Vogel, J.

INTRODUCTION

Plaintiffs Alfonso J. Medina and Kim E. Smith appeal from a judgment in favor of the Los Angeles County Employees Retirement Association (LACERA) and the County of Los Angeles (County) (collectively, respondents). After working for County as deputy sheriffs, both plaintiffs became deputy district attorneys. Having originally been classified as safety members of the applicable public retirement system, upon changing positions both erroneously continued to be considered safety members rather than general members. After several years, an audit revealed the error and LACERA reclassified plaintiffs, refunding to them the excess contributions they had made as safety members. Plaintiffs refused the refunds and filed the present petition for a writ of mandate and complaint, contending respondents are equitably estopped to reclassify their membership category, and that they obtained a vested right to be classified as safety members. The trial court denied the writ. We affirm, concluding that respondents would contravene statutory authority to classify plaintiffs as safety members.

FACTUAL AND PROCEDURAL BACKGROUND

Smith was hired by the County as a deputy sheriff…

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