Randon Levitt, Denise Dailey v. City of San Diego
Published: Jun. 18, 2011 | Result Date: Apr. 28, 2011 | Filing Date: Jan. 1, 1900 |Case number: 37-2010-00094272-CU OE-CTL Summary Judgment – Defense
Court
San Diego Superior
Attorneys
Plaintiff
Michael A. Conger
(Law Office of Michael A. Conger)
Defendant
Facts
San Diego police officer Randon Levitt and retired police officer Denise Dailey sued the city of San Diego to invalidate a city ordinance that capped the amount the city would reimburse retirees for health insurance premiums. Plaintiffs contended that retiree health benefits were a benefit under the Retirement System and that changes cannot be made without majority of approval from the city employees that have retirement plans in the system.
Result
The motion for summary judgment was granted. Judge Prager stated that the "contention that health benefits are a benefit under the Retirement System does not square with the fact that said benefits are solely funded by the City, that the provision of retiree health benefits was optional, and that courts have held that such benefits are not vested pension benefits."
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