Hipsher

Hipsher v. L. A. Cnty. Emps. Ret. Ass'n

Bad Law

234 Cal. Rptr. 3d 564·24 Cal. App. 5th 740

Court of Appeal of CaliforniaJune 19, 2018B276486California8,665 words

Opinion

lead Opinion

Epstein, J.

*568 *747 The Public Employees' Pension Reform Act of 2013 ( Gov. Code, § 7522 et seq. [PEPRA] ) 1 was enacted, in part, to curb *748 abuses in public pensions systems throughout the state. ( Alameda County Deputy Sheriff's Assn . v. Alameda County Employees' Retirement Assn . (2018) 19 Cal.App.5th 61 , 75, 227 Cal.Rptr.3d 787 ( Alameda ), review granted Mar. 28, 2018, S247095.) Section 7522.72 provides a mechanism whereby a public pensioner forfeits a portion of his or her retirement benefits following a conviction of a felony offense that occurred in the performance of his or her official duties. 2

Shortly after appellant Tod Hipsher retired from the Los Angeles County Fire Department, he was convicted of a federal felony for directing an offshore gambling operation ( 18 U.S.C. § 1955 ). 3 Respondent, the Los Angeles County Employees Retirement Association (LACERA), subsequently reduced Hipsher's vested retirement benefits based on the determination by the County of Los Angeles (County) that his gambling conduct was committed in the scope of his official duties (§ 7522.72). Hipsher challenged LACERA's forfeiture determination by a petition *569 for writ of mandate and a…

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Parties

Tod HIPSHER, and
Plaintiff
LOS ANGELES COUNTY EMPLOYEES RETIREMENT ASSOCIATION, and County of Los Angeles and
Defendant

Judges

Epstein

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