Los Angeles County Professional Peace Officers' Ass'n v. County of Los Angeles

Good Law
115 Cal. App. 4th 866·2004 Cal. App. LEXIS 171·2004 Daily Journal DAR 2017·9 Cal. Rptr. 3d 615·21 I.E.R. Cas. (BNA) 267
Court of Appeal of CaliforniaFebruary 11, 2004B163710California2,540 words

Opinion

Opinion

Rubin, J.

Petitioners William Kupper, Bennie Layne, and the Los Angeles County Professional Peace Officers’ Association appeal from the judgment entered after the trial court denied their mandate petition against Los Angeles County and the Los Angeles County Employees’ Retirement Association. For the reasons set forth below, we affirm the judgment.

FACTS AND PROCEDURAL HISTORY

William Kupper and Bennie Layne worked as investigators for the Los Angeles County District Attorney’s Office. Both men stayed off work on a temporary disability leave after being injured on the job, but retired after their disabilities became permanent. Under the applicable County ordinances, D.A. investigators may accumulate up to 320 hours in current and deferred vacation time. If an employee’s vacation total exceeds 320 hours as of year’s end, however, the balance “shall be reduced” by the excess amount, with the employee paid for the lost vacation hours at the rate of his salary. (L.A. County Code, § 6.18.080E.) Vacation time that is cashed out under this provision is added into the employee salary figure used to calculate retirement benefits.

While out on a temporary leave due to a work-related…

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