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County of San Diego v. SDCERA (Re: Tier D Implementation)

On April 17, 2018, the County of San Diego filed a Complaint for Declaratory Relief and Petition for Writ of Mandate against SDCERA concerning the implementation of Tier D, the County's new defined benefit formula that will apply to new non-safety employees hired on or after July 1, 2018.

On May 24, 2018, SDCERA filed an Answer to the County's Complaint for Declaratory Relief and Petition for Writ of Mandate.

On July 12, 2018, SDCERA filed a Motion for Judgment on the Pleadings, and the County filed a Motion for Writ of Mandate.

On August 13, 2018, Judge Judith F. Hayes of the Superior Court of California, County of San Diego issued a Minute Order with her ruling on the Tier D litigation. The Minute Order is linked below.

Judge Hayes' ruling denied the County's Petition for Writ of Mandate finding that “the County has the burden to show Tier D is in fact a formula under Government Code Section 31676.01, but the County has not made any affirmative showing in that regard. For this reason alone, the [County's] petition must be denied.”

Judge Hayes also denied SDCERA's Motion for Judgment on the Pleadings.

SDCERA's Board of Retirement considered the ruling and related issues in closed session at its August 16 meeting but took no reportable action. The Board's next regularly-scheduled meeting is September 20.

County's Memorandum of Points & Authorities in Support of its Motion for Judgment on the Pleadings, dated August 21, 2018

Minute Order, dated August 13, 2018

SDCERA's Notice of Motion for Judgment on the Pleadings, filed July 12, 2018

County's Notice of Motion and Motion on Petition for Writ of Mandate, dated July 12, 2018

SDCERA's Answer to Complaint for Declaratory Relief and Petition for Writ of Mandate, filed May 24, 2018

Complaint For Declaratory Relief and Petition for Writ of Mandate, filed April 17, 2018