Litigation

This section provides information related to litigation involving SDCERS. Click on the name of the case below to be directed to a separate page with information specific to that case.

 

PSC Correction Litigation

These lawsuits against SDCERS arise out of purchases of service credit (PSC) made by City and Airport employees in 2003 and 2004, respectively, following delayed implementation of a price increase by the SDCERS Board of Administration in those years. Plaintiffs allege they suffered harm as a result of the Board's correction of their PSCs. In March 2016, the Court of Appeal affirmed the Superior Court's rulings in favor of SDCERS with one exception related to Safety Members in the Lenhart action. Except for the Lenhart plaintiffs, the plaintiffs in the other PSC cases appealed the Court of Appeal's ruling against them to the California Supreme Court. In mid-June of 2016, the Supreme Court denied review of the Court of Appeal's ruling, which ends the litigation of the appealed cases.

  • Lenhart, et al. v. SDCERS
    The trial in Lenhart, et al v. SDCERS [37-2011-00096587-CU-BC-CTL] and consolidated matters began on March 20, 2018 and concluded on March 28, 2018. On April 10, 2018, the Court filed its Proposed Statement of Decision finding that SDCERS properly corrected the purchase of service contracts. The Court will likely issue its Judgment in June 2018.
    37-2011-00096587-CU-BC-CTL

Other Litigation

  • Krolikowski, et al. v. SDCERS
    Krolikowski v. SDCERS and Van Putten v. SDCERS (37-2015-00021007-CU-OE-CTL) concern overpaid retirement benefits. The cases were consolidated during the trial court phase. On June 29, 2016 the court entered its Statement of Decision, finding SDCERS was proper in correcting the benefit overpayments. The plaintiffs appealed and oral arguments were heard by the Court of Appeal on May 18, 2018. The Court of Appeal will likely issue its opinion in this case in July 2018.
    37-2015-000006255-CU-OE-CTL
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