Washington v. Sacramento County Employee Ret. Syst. CA3

BACKGROUND

In October 1986, after the County of Sacramento (County) terminated her, Washington sent SCERS two signed forms. In one, she asked for a refund of her retirement contributions with interest, affirming: “I understand that by so doing I waive all future claim to any prior service rights due me except those that may be reinstated under the provisions of the County Employees’ Retirement Law of 1937.” In the other, she affirmed “my rights under [the 1937 law] have been thoroughly explained to me.” Washington appealed her termination. After she received a notice of proposed termination, she filed a February 1987 application for disability retirement. A prompt letter from SCERS advised that her that her application was incomplete due to a lack of medical information, which SCERS advised her to supply as soon as possible; SCERS also advised her to consider seeking counsel. SCERS received no reply. After the County Civil Service Commission--no longer a party herein--upheld her termination, SCERS refunded Washington’s contributions and interest in, as she requested, March 1987. In 1992, Washington wrote to SCERS, claiming she had been ill and could not remember what had…