Corcoran

Corcoran v. CONTRA COSTA CTY. EMPLOYEES RETIREMENT BD.

Caution

1997 Cal. App. LEXIS 1061·60 Cal. App. 2d 89·60 Cal. App. 4th 89·70 Cal. Rptr. 2d 385·97 Daily Journal DAR 15229

Court of Appeal of CaliforniaNovember 24, 1997A077498California1,790 words

Opinion

Poche, J.

Defendants, Contra Costa County Employees Retirement Board, Patricia Wiegert, the Administrator of the Contra Costa County Employees Retirement Association, and Ruth Littlejohn, a former staff member of the retirement board and recipient of a disability pension, appeal from a judgment entered in favor of plaintiff, Kenneth J. Corcoran, the Auditor-Controller of Contra Costa County upon his complaint for declaratory relief.

In 1980 the Legislature passed urgency legislation designed to address the fiscal constraints felt by Contra Costa County as the result of decreasing tax revenues post-Proposition 13 and of the county’s obligation to make retirement contributions for its employees. (Stats. 1980, ch. 58, § 23, p. 165.) The new legislation permitted the county to adopt a less generous and hence less costly retirement scheme—so called Tier Two—which it could apply to new or returning members of its retirement association. (Former Gov. Code, § 31751, added by Stats. 1980, ch. 58, § 9, pp. 156-157.) The Contra Costa County Board of Supervisors adopted a resolution applying the Tier Two retirement scheme to “all officers and employees of all agencies of which this Board is…

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