We conclude that none of these statutes prohibited the County from providing a retroactive pension benefit increase only to those employees employed on the effective date of the resolution. Focusing on the statutory language that once a redeposit is completed, the employee's “ ‘membership is the same as if unbroken by such termination,’ ” the Aquilino court stated it agreed with the returning employees' argument that “once a returning employee completes the redeposit of withdrawn retirement contribution, the employee resumes the same membership status as if the employee had never left county employment.” (Id. For 2020, the compensation limit for Tier I, Tier A and Tier B Members is $285,000, General Tier C and Tier D Members is $126,291 and Safety Tier C and Tier D Members is $151,549. The San Diego County Employees Retirement Association (Retirement Association) challenged this resolution on behalf of two groups of employees who were not employed on March 8, 2002: (1) individuals who were employed before March 8, 2002, then left county employment without withdrawing their retirement contributions, and later returned to county employment after March 8, 2002; and (2) individuals who were employed before March 8, 2002, then left employment and withdrew their retirement contributions from the system, and later returned to county employment after March 8, 2002 and redeposited their retirement contributions with interest.
12, ante ), means “uninterrupted employment,” section 31642, subdivision (d) “can only properly be interpreted to provide that Returning Deferreds must be treated as having continuous, unbroken, and uninterrupted ‘employment.’ ” (Italics added.) Current Resident: La Mesa is a suburb of San Diego with a population of 59,562. Sess.) the San Diego County Employees Retirement Association shall be as specified in subsection (b) Retirement Contribution Offset Provisions below. Pursuant to section 31483, in 1978 the County enacted an ordinance providing for two benefit tiers for general members. (Aquilino, supra, 60 Cal.App.4th at p. 1519, 70 Cal.Rptr.2d 870.) (See § 31470.) “ ‘[A]n opinion's authority is no broader than its factual setting, and the parties cannot rely on a rule announced in a factually dissimilar case.’ ” (Ibid. at pp. The Retirement Association asserted that Resolution No. (See § 31641.) In La Mesa, there are a lot of restaurants, coffee shops, and parks. The parties disagree, however, as to whether the County had the authority to make this distinction under the applicable state law, CERL. The fact that the Legislature took no action to amend the statutes in light of this holding does not support an inference that the Legislature intended to restrict a county's discretion to impose limits on the elective retroactive benefit.After the parties filed cross-summary judgment motions, the court granted the Retirement Association's summary judgment motion and denied the County's motion. RESDC represents all San Diego County retirees and is dedicated to protecting current benefits and obtaining new benefits when justified. The superior court is ordered to vacate the summary judgment granted to Retirement Association and interveners Robert Hickey and Glenn Still, and directed to enter summary judgment in favor of County. Please note: Candidates/employees who have received a conditional offer of employment may be required to undergo testing for controlled substances, (including THC and CBD), in accordance with the County of San Diego's drug and alcohol policy and the federal Controlled Substances Act.
In so doing, “ ‘ “[w]e first examine the words themselves because the statutory language is generally the most reliable indicator of legislative intent.
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