Hipsher v. Los Angeles County Employees Retirement Ass'n
Annotate this Case
The Los Angeles County Employees Retirement Association (LACERA) reduced plaintiff's vested retirement benefits under the Public Employees' Pension Reform Act of 2013 (PEPRA), based on a determination by the County that plaintiff's felonious conduct was committed in the scope of his official duties. The trial court issued a peremptory writ of mandate directing the County to afford adequate due process protections before reducing plaintiff's retirement benefits, but found in favor of defendants on plaintiff's claim for declaratory relief. On appeal, the Court of Appeal determined that Government Code section 7522.72 is constitutionally sound, but that LACERA, not the County, bears the burden to afford plaintiff the requisite due process protections to determine whether his conviction falls within the scope of that statute.
After remand from the California Supreme Court, the Court of Appeal concluded that Alameda County Deputy Sheriffs' Assn. v. Alameda County Employees' Retirement Assn. (2020) 9 Cal.5th 1032, confirms the court's prior holding that section 7522.72's public purpose—to protect the pension system from abusive practices of faithless public employees and preserve public trust in government—justifies any concomitant diminution in plaintiff's pension rights. The court also concluded anew that section 7522.72 need not provide a comparable advantage to offset disadvantages plaintiff may suffer as a result of Legislative changes to the public employee retirement system enacted decades after he began his employment. Finally, the court concluded that section 7522.72 is not an unconstitutional ex post facto law, and that plaintiff is entitled to appropriate administrative due process. Accordingly, the court modified the trial court's judgment, remanded with instructions, and affirmed in all other respects.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.