The Los Angeles County Deputy Sheriff’s Association has won a significant appellate court decision involving safety officers who receive Labor Code 4850 benefits and then retire. Normally, the County allowed excess vacation hours (over 320 hours) to be cashed out prior to retirement, making the payment part of the income used in calculating retirement benefits. However, if the employee was on 4850 benefits (off work on a work injury), the excess hours could not be cashed out prior to retirement and, therefore, were not considered in calculating retirement benefits. The court held that that was improper discrimination. Those who are on 4850 benefits and then retire should now be able to cash out excess hours in the same manner as other employees. (Los Angeles County Professional Peace Officer Association v. County of Los Angeles, Court of Appeal, Second Appellate District, 7/22/08.)
New Court Decision Increases “Pensionable Income” for Los Angeles County Safety Officers
