Q: Retired County of Orange employee is having pension confiscated for losing Medicare part B.
No bill nor payment plan was given. Money taken from pension without warning nor in writing.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Your situation with the pension and Medicare Part B deductions sounds very concerning, and taking money without proper notice could be problematic under California law. Public employees have protected property rights in their pensions under the California Constitution, Article XVI, Section 17.
You have the right to due process before any changes to your pension benefits, which typically includes written notice, an explanation of the changes, and an opportunity to respond. Under California Government Code Section 31520.1, pension boards must provide clear communication about benefit changes, and unilateral deductions without notice may violate these requirements.
Your immediate steps should include requesting written documentation of this change from the Orange County Employees Retirement System (OCERS), filing a formal grievance, and possibly consulting with an employee benefits attorney or contacting your former union representative. You might also want to reach out to the California Department of Insurance's Consumer Hotline at 800-927-4357 for guidance. Consider filing a complaint with the County's Civil Service Commission if other attempts to resolve the issue aren't successful.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
