Hudson v. Cnty. of Los Angeles
Annotate this CaseA former Los Angeles County sheriff’s deputy, while on temporary disability leave resulting from knee injuries, was discharged from her employment on grounds later found by the county Civil Service Commission to be unjustified. During the long Commission proceedings, the county’s retirement authority (LACERA) granted her a disability retirement, without benefits, and she withdrew her accumulated retirement contributions. She unsuccessfully sued, seeking restoration of her employment as a deputy sheriff, and LACERA’s reevaluation of her disability status in light of her rehabilitation following knee surgeries. The court of appeal reversed, holding that the Civil Service Commission order requires the Department to restore her employment, whether she is or is not disabled to serve as a deputy sheriff. Upon restoration of her employment she will be restored to LACERA membership, and will be eligible for LACERA’s evaluation and determination of her disability status. Unless LACERA advised her that forfeiture of any right to restoration of her employment and redetermination of her disability would be a consequence of withdrawing her accumulated retirement contributions from LACERA, LACERA breached its fiduciary duties and may be obligated to permit her to redeposit her withdrawn contributions.
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