County of Orange v. Association of Orange County Deputy Sheriffs

In 2008, the County of Orange (Orange County or the County) sued the board of the County’s retirement plan, claiming that an enhanced retirement formula for prior years of service adopted in 2001 by the County Board of Supervisors violated the California Constitution. The County now appeals from the trial court’s grant of motions for judgment on the pleadings and entry of judgment in favor of the Association of Orange County Deputy Sheriffs and the Board of Retirement of the Orange County Employees’ Retirement System. We conclude that the past service portion of the enhanced retirement formula does not violate the Constitution, and we affirm.

BACKGROUND

I. The Orange County retirement system

The Orange County Employees’ Retirement System (OCERS) is a public employees’ retirement trust fund, an independent entity that administers the County’s retirement system. OCERS is governed by the County Employees Retirement Law of 1937 (CERL). (Gov. Code, §§ 31450, 31468, subd. (O(l).) 1 Orange County employees, including law enforcement (safety *29 members), receive retirement and other benefits under CERL, which vests the management and funding of the retirement system in a…