DiCarlo v. County of Monterey

Monterey County entered into an agreement with the Monterey County Deputy Sheriffs Association, including a longevity performance stipend that provided that a member of the Association who achieved 20 years of service with the county and a satisfactory or outstanding performance evaluation could receive an additional stipend of up to eight percent. Plaintiffs sued the county, the Sheriff’s Office, and the California Public Employees Retirement System (CalPERS), seeking to compel the county to report the longevity performance stipend to CalPERS as an item of special compensation and to compel CalPERS to include the longevity performance stipend in calculating their retirement benefits. The trial court ruled as a matter of law that the longevity performance stipend was not reportable to CalPERS as an item of special compensation under California Code of Regulations, title 2, section 571(a), and granted judgment on the pleadings. The court of appeals affirmed, holding that the longevity performance stipend does not qualify as an item of special compensation that must be reported to CalPERS and included in the calculation of plaintiffs’ retirement benefits. View "DiCarlo v. County of Monterey" on Justia Law