Renaker Hasselman Scott LLP recently achieved a significant win for a client where a pension plan claimed that it overpaid his pension benefits for more than three years, through no fault of his own, and demanded that he refund the benefits. In July 2018, the court granted our client’s motion to dismiss, finding that the pension plan had waived its right to recoup the overpayment. Moon v. Board of Trustees of the PAMCAH-UA Local 675 Pension Fund, — F. Supp. 3d —, 2018 WL 3805917 (N. D. Cal. 2018).

Renaker Hasselman Scott LLP has received three victories in the past five months in disability pension cases before the San Francisco Employees’ Retirement System (SFERS). In each of these cases, after an evidentiary hearing, the Administrative Law Judge determined that our client was entitled to disability pension benefits, which resulted in an award of past-due and prospective benefits.

Renaker Hasselman Scott LLP represented a retired Assistant City Manager on her appeal from a CalPERS decision that a pay increase she received while serving as Acting City Manager for twenty-seven months was not pensionable compensation. CalPERS determined that the pay increase did not qualify as payrate or special compensation, and therefore could not be recognized as part of the member’s final compensation in calculating the member’s pension. An Administrative Law Judge sustained the member’s appeal, finding that the increase should be included in the member’s payrate. The CalPERS Board adopted the ALJ’s proposed decision on February 14, 2018, resulting in a significant retroactive increase to the member’s pension.

On October 11, 2017, the California Supreme Court denied review of Irvin v. Contra Costa County Employees’ Retirement Association, et al., marking a final victory for Renaker Hasselman Scott LLP and our client, Marianne Irvin. This means the landmark June 30, 2017 decision from the California Court of Appeal, First Appellate District in this case will stand, establishing new law for public employee retirement benefits under the County Employees Retirement Law of 1937 (“CERL”), which governs twenty county retirement systems in California.

Renaker Hasselman Scott LLP is pleased that as a result of the Irvin decision, not only will Ms. Irvin receive the survivor benefits to which she is entitled, but the rights of other surviving spouses of County Employees Retirement Association members have been clarified.

In March 2017, Renaker Hasselman Scott obtained victories for three separate clients whose employer-sponsored long-term disability benefits had been unfairly denied by insurance companies. We are very pleased that we were able to secure these benefits for our clients, who unfortunately are no longer able to work due to disabling conditions.

Renaker Hasselman Scott is proud to sponsor the Robohawks, VEX Robotics 2017 California state tournament champions! In April, the Robohawks will travel to Louisville, KY, for the World Championships, where they reached the division finalist level in 2016. Go Robohawks!

In October 2016, a client of Renaker Hasselman Scott LLP obtained service-connected disability retirement benefits from the Contra Costa County Employees’ Retirement Association (CCCERA), including five years of past-due benefits. The award came after a favorable decision from the Administrative Law Judge (ALJ), and then a ruling by the CCCERA Retirement Board to adopt the favorable ALJ decision.

Renaker Hasselman Scott LLP and the National Center for Lesbian Rights have filed suit on behalf of David Reed, the surviving spouse of Donald Gardner, a long-time KRON-TV employee and participant in the KRON/IBEW Local 45 Pension Plan. The couple registered as domestic partners with the California Secretary of State in 2004. In 2009, Mr. Gardner retired, and the couple later married just before Mr. Gardner’s death in 2014. California law gives registered domestic partners the status of married persons. Although the pension plan terms incorporate California law, following Mr. Gardner’s death the plan refused to pay a surviving spouse benefit to Mr. Reed. The lawsuit challenges the plan’s refusal to pay the survivor benefit and also asserts claims for document disclosure penalties and breach of fiduciary duty.

Read the complaint  in Reed v. KRON/IBEW Local 45 Pension Plan, et al.

Read the press release.

The U.S. District Court for the Northern District of California granted final approval to the settlement of Barling v. UEBT Retiree Medical Plan. Renaker Hasselman Scott LLP and Bolt Keenley Kim LLP represented a class of more than 7,000 retirees from the United Food and Commercial Workers union. The retirees challenged the Plan’s reduction of benefits by deductibles and co-insurance payments between October 2010 and February 2013. Under the settlement, retirees and dependents whose benefits were reduced by $5 or more during this period will receive payment for over 85 percent of the amounts by which their benefits were reduced.

Checks are expected to be mailed on August 2. Checks must be cashed within 90 days after issuance. Class members should be sure to cash their checks promptly. 

The Class Notice, Final Approval Order, and other materials are available at http://renakerhasselman.com/ufcw-retiree-settlement/.

Questions about the settlement may be directed to the attorneys or to the settlement administrator at 1-866-515-9453.

American Bar Association President-Elect Linda Klein appointed Teresa Renaker to a third one-year term on the ABA Commission on Sexual Orientation and Gender Identity. The SOGI mission is to promote full and equal participation in the legal profession by persons of differing sexual orientations and gender identities.