Prior to January 1, 2006, R08, S08, and M08 employees accrued retirement benefits under CalPERS " 'three percent at age 55' " (3% at 55) defined benefit plan. All of plaintiffs served in both a rank-and-file capacity as members of State Bargaining Unit 8 (R08), and as a supervisor or manager of R08 personnel (S08 or M08). Plaintiffs worked for all or most of their careers as fire suppression employees of the California Department of Forestry and Fire Protection (Cal Fire).
#CDF FIRE FIGHTERS CODE#
We conclude that plaintiffs cannot plead a viable cause of action because their case hinges on an erroneous interpretation of Government Code section 21363.4. The court sustained DPA's demurrer without leave to amend based on the statute of limitations.
#CDF FIRE FIGHTERS TRIAL#
The trial court rejected this argument and sustained CalPERS' demurrer to the first amended complaint without leave to amend. Before and after this window of time, pension payments to retirees in plaintiffs' position were limited to 90 percent of their final compensation, but plaintiffs contend that, during this time period, the 90 percent cap did not apply to them. The individual plaintiffs 1 retired between January 1 and May 16, 2006.
Twenty-six retired firefighters and their union, CDF Firefighters, filed suit against the California Department of Personnel Administration (DPA) and the California Public Employee's Retirement System (CalPERS) for increased pension benefits. This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b).
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