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Injured Firefighters and Police Officers Who Bought Military Time, Air Time: Class Actions Against CalPERS



Andert v. CalPERS

This is the third of three class actions on the IDR military/air time issue. It was filed by Plaintiffs Jeffrey Andert, Neil MacLaren and Randy Slaughter in Los Angeles Superior Court in March 2012. The Andert v. CalPERS is very similar to the Marzec v. CalPERS case except that the Marzec plaintiffs received their first IDR checks within a year of filing their Government Claims forms, while the Andert plaintiffs received their first IDR checks more than a year before filing Government Claims forms. The Andert case is therefore seeking to represent class members who lost their military/air time investments at any point in the past, not just those beginning a year before the Marzec case was filed.

Judge Mohr dismissed the case in November 2012 and made that decision final in January 2013. He felt the Andert case would be subject to the same legal interpretations of the Public Employees' Retirement Law as the Marzec case, but he dismissed Andert v. CalPERS because he said the Plaintiffs should have realized their damages as soon as they got their first IDR checks and therefore had to file Government Claims forms within a year of that.

An appeal of the dismissal has been filed. It will likely end up being heard together with the appeal in the Marzec case. Plaintiffs' Opening Brief will probably be filed in Summer 2013. CalPERS will then file an Opposition Brief and Plaintiffs will file a Reply. Oral argument will be scheduled sometime after that.

You can read the following court pleadings about what happened in the Superior Court:

Andert - Complaint
Andert - CalPERS' Motion for Judgment on the Pleadings
Andert - Plaintiffs' Opposition to Motion for Judgment on the Pleadings
Andert - CalPERS' Reply re Motion for Judgment on the Pleadings
Andert - Court Order Dismissing Case