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

 

 

Yost v. CalPERS

This is the second of three class actions on the IDR military/air time issue. It was filed by Plaintiffs Robert Marzec, Rachel Healy and Benjamin Esparza in Los Angeles Superior Court in May 2011. After Judge Mohr dismissed the Yost v. CalPERS case because plaintiff David Yost failed to file a Government Claim form before coming to court, two of the plaintiffs in Marzec v. CalPERS filed such claims under protest.

After more than a year and a half of litigation, Judge Mohr dismissed the case in November 2012 and made that decision final in January 2013. He ruled that CalPERS' interpretation of the Public Employees' Retirement Law was correct, and also said that CalPERS had adequately warned class members they might lose their investments if they retired on IDR. However, he did not address the question of whether CalPERS' actions amended or waived class members' existing
and vested rights to 50% IDR allowances.

An appeal of the dismissal has been filed. The Superior Court will provide copies of the relevant documents in the case to the Court of Appeal. 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:

Marzec - Complaint
Marzec - First Amended Complaint (FAC)
Marzec - CalPERS' Demurrer to FAC
Marzec - Plaintiffs' Opposition to Demurrer
Marzec - CalPERS' Reply In Support of Demurrer
Marzec - Court Order Granting Demurrer
Marzec - Plaintiffs' Request for Reconsideration
Marzec - Plaintiffs' Memo in Support of Request for Reconsideration
Marzec - CalPERS' Opposition to Request for Reconsideration
Marzec - Plaintiffs' Reply in Support of Request for Reconsideration
Marzec - Court Order Dismissing Case