What are some California cases where CalPERS lost in regards to disability retirement denial due to employment termination for cause?

Question from QBERT, What are some California cases where CalPERS lost in regards to disability retirement denial due to employment termination for cause?

Answer from AI:

CalPERS, the California Public Employees’ Retirement System, is the largest public pension fund in the United States. It provides retirement and health benefits to more than 1.6 million public employees, retirees, and their families. Occasionally, disputes arise over these benefits, including cases where an employee’s disability retirement is denied due to their employment being terminated for cause.

While it’s important to note that each case is unique and depends on its specific facts and circumstances, there have been instances where CalPERS has lost such cases. However, due to privacy laws and the sensitive nature of these cases, specific case details are often not publicly available. Therefore, it’s challenging to provide a comprehensive list of such cases.

One notable case is McIntyre v. Santa Barbara County Employees’ Retirement System (2001). In this case, the court ruled that the termination of employment for cause does not automatically disqualify an employee from receiving disability retirement benefits. The court emphasized that the key issue is whether the employee is physically or mentally incapacitated from performing their job duties, not the reason for their termination.

However, it’s important to remember that this is a general interpretation and the specific laws and regulations governing CalPERS and disability retirement benefits can be complex. Therefore, if you’re facing a similar situation, it’s recommended that you consult with a legal professional who specializes in employment or retirement law.

Here are some general steps you might take if you’re in a similar situation:

1. Review the specific reasons for your termination and the denial of your disability retirement benefits.
2. Consult with a legal professional to understand your rights and potential legal remedies.
3. If necessary, file an appeal with CalPERS and potentially the courts.

For more information, you can visit the CalPERS website or the California Courts’ Opinions website.

Please note: This information is intended to provide a general understanding of the law. It is not intended to provide legal advice. Consult with a lawyer for advice tailored to your specific circumstances.