Q: I want to sue the County of Orange for not explaining the details of why my pension is being confiscated.
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- California
- (916) 704-3009
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- Answered
A:
Under California law, you have important options to challenge pension confiscation through legal channels. Your first step should be filing a written appeal with the Orange County Employees Retirement System (OCERS) within 90 days of receiving notice about the pension changes.
Before pursuing a lawsuit, California law requires you to exhaust all administrative remedies first. This means working through OCERS' internal appeal process, which typically involves submitting documentation supporting your position and potentially attending a hearing where you can present your case. During this process, you have the right to review your complete pension file and request all documents related to the decision.
If you're not satisfied with the outcome of the administrative appeal, you can then file a petition for writ of mandate in Orange County Superior Court under California Code of Civil Procedure Section 1094.5. You would need to demonstrate that the pension board either abused its discretion or failed to follow proper procedures in making its decision. Given the complexity of pension litigation, working with a legal professional who handles public employee benefits would be very helpful for navigating this process effectively.
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