Danser
Danser v. Public Employees' Retirement System
Opinion
Opinion
Mauro, J.
During William R. Danser’s service as a superior court judge, a jury convicted him in Santa Clara County Superior Court of conspiring to pervert or obstruct justice. The trial court suspended imposition of sentence and placed Danser on probation for three years. The Court of Appeal affirmed the judgment and the California Supreme Court denied review. Months later, the trial court reduced the felony charge to a misdemeanor, terminated probation, and granted Danser’s petition to dismiss the criminal charges against him.
After the conviction but before sentencing, Danser retired from judicial office. California’s Public Employees’ Retirement System (CalPERS) subsequently determined that Danser was convicted of a felony offense in the course and scope of his judicial duties and that the conyiction became final when the California Supreme Court denied review. Accordingly, CalPERS concluded that under the terms of Danser’s pension plan — the Judges’ Retirement System II (JRS II) — he is subject to the benefit forfeiture provision of Government Code section 75526. CalPERS refunded Danser’s retirement contributions and determined that he is precluded from receiving any…