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Deputy Sheriffs' Association of San Diego County v. County of San Diego

California Court of Appeals, Fourth District, First Division

January 22, 2015

DEPUTY SHERIFFS' ASSOCIATION OF SAN DIEGO COUNTY, Plaintiff and Appellant,
v.
COUNTY OF SAN DIEGO et al., Defendants and Respondents.

APPEAL from a judgment of the Superior Court of San Diego County No. 37-2013-00029085- CU-MC-CTL, Timothy B. Taylor, Judge.

Page 574

[Copyrighted Material Omitted]

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[Copyrighted Material Omitted]

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COUNSEL

Silver, Hadden, Silver, Wexler & Levine, Stephen H. Silver and Brian P. Ross for Plaintiff and Appellant.

Thomas E. Montgomery, County Counsel and Timothy M. Barry, Senior Deputy County Counsel, for Defendant and Respondent County of San Diego.

Kamala D. Harris, Attorney General, Douglas J. Woods, Assistant Attorney General, Mark R. Beckington and Anthony P. O'Brien, Deputy Attorneys General, for Defendant and Respondent State of California.

Crowell & Moring and Steven P. Rice, for Defendant and Respondent San Diego County Employees' Retirement Association.

OPINION

McCONNELL, P. J.

INTRODUCTION

In this appeal, we consider whether the state constitution's prohibition against the impairment of contracts precludes the application of the defined benefit formulas and employee contribution provisions of the California Public Employees' Pension Reform Act of 2013 (Act) (Gov. Code, § 7522 et seq.)[1] to County of San Diego (county) safety employees who were hired after the Act's effective date, but who were covered by preexisting collective bargaining agreements containing conflicting terms. We conclude the application of the defined benefit formula provisions does not result in a constitutionally prohibited impairment of the agreements. We do not reach the

Page 577

constitutional question as to the application of the employee contribution provisions as we conclude their application resulted in a statutorily prohibited impairment of the agreements. We, therefore, affirm the judgment as to the application of the defined benefit formula provisions and remand the matter to the superior court ...


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