Staniforth v. Judges’ Retirement System (Chiang)

In action by judicial pensioners alleging that their pensions had been underpaid because legislative changes in how those amounts are calculated had been applied to them in violation of Olson v. Cory (1980) 27 Cal.3d 532. Trial court was correct in ruling that Olson did not confer on or recognize any right of judicial pensioners to be exempted from changes in the underlying salary structure applicable to active jurists, including changes to COLAs adopted by legislative amendment. Trial court erred in sustaining retirement system’s demurrer, without leave to amend, with respect to claims by class members who were allegedly not paid the amounts due to them under the trial court’s interpretation of Olson. Petitioners should have been granted leave to separately state the claims of those class members, as those claimants’ averments had been incorporated in the petition by reference. Their claims were not facially barred by the 10-year statute of limitations on enforcement of judgments or extinguished by the statutory limitation on the length of the retirement system’s obligations to its members--all contrary to the rulings of the trial court.

Staniforth v. Judges’ Retirement System (Chiang) - filed May 19, 2014, publication ordered May 29, 2014, Fourth District, Div. One
     Cite as 2014 S.O.S. 2745

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