Thorning

Plaintiffs Zeph Thorning and Robbie Crump, retired board members of defendant Hollister School District (hereafter, District), sought a writ of mandate directing District to pay for postretirement continuation of health benefits after District reversed an earlier authorization and suspended payment. The trial court sustained a demurrer to their second amended petition, and dismissed the action. Thorning and Crump appeal, contending that they had a vested right to the benefits, and that that right was secured by the Constitution and laws of the United States. We agree and reverse.

Facts

Appellants were first elected to the Hollister School District Board of Trustees in 1977, and won additional four-year terms in 1981 and 1985. Before the next election, consolidated in 1990, appellants decided to retire. Their successors were elected on November 6, 1990, to terms beginning that December.

The last regular meeting of the board during appellants’ term was held on November 27, 1990. Crump was absent. The board with Thorning participating voted three to one to continue payment for health and welfare benefits for Thorning and Crump for the next ten years.

The new board held…