Judge throws out Orange County
suit against deputies’ pensions
For the second time, a Los Angeles Superior Court judge May 22 threw out Orange County’s suit that sought to roll back a portion of the pension enhancements deputy sheriffs received after retirement.
In April, county officials amended their original complaint against the deputy sheriffs after Judge Helen Bendix threw out the majority of their case. She allowed county officials to restate one claim if they could prove that the annual payments for the retirement benefit were making it impossible to meet bills.
But instead of following Bendix’s instructions, Orange County supervisors amended their argument with a restatement of their argument that the retroactive benefit violated the state constitution's debt limits because it granted benefits that were not earned, according to the press accounts.
The judge apparently was not convinced and did not rule on the restatement of the county’s argument. Supervisors must now decide whether to appeal the judge’s decision to a higher court.
In 2001, under a different Orange County Board of Supervisors, the deputies’ retirement benefits were expanded retroactively.
The lawsuit against the deputies’ union gained the concern of CalPERS and many public employee and retiree organizations because the outcome could have affected other post-retirement benefits, such as cost-of-living adjustments.
Wayne Quint, president of the Association of Orange County Deputy Sheriffs, sent out a press release after the May 22 ruling.
"With the county's present fiscal crisis, I am hopeful the County Board of Supervisors will come to their senses and cut their losses,” Quint said, noting that the county has spent more than $1.7 million in legal fees on the suit. “At this point, it has to be apparent to them that they have no chance at all of winning this case."