Legal Opinion

Tanner v. Public Employees' Retirement System

California Court of Appeal

Decided June 28, 2016No. C078458PublishedCited by 5 opinions

1Opinion of the Court

Opinion

ROBIE, J.

In this “pension spiking” case, plaintiff Joseph Tanner sought to overturn a decision of defendant Public Employees’ Retirement System (CalPERS) significantly reducing his expected retirement benefit.

Specifically, Tanner argues his retirement benefit should be set based on a base salary of $305,844, which was provided for in his final written contract with the City of Vallejo. The board of administration of CalPERS (also a defendant in this action) decided Tanner was not entitled to have his retirement benefit based on that figure. On Tanner’s petition for a writ of…

2Cases cited5 opinions

  1. State Water Resources Control Board CasesCalifornia Court of Appeal · 2006
  2. City of Sacramento v. Public Employees Retirement SystemCalifornia Court of Appeal · 1991
  3. Molina v. Board of AdministrationCalifornia Court of Appeal · 2011
  4. State Ex Rel. Bartlett v. MillerCalifornia Court of Appeal · 2016
  5. Prentice v. Board of AdministrationCalifornia Court of Appeal · 2007

3Cited by5 opinions

  1. Dicarlo v. Cnty. of Monterey, California Court of Appeal, 5th District2017
  2. DiCarlo v. Co. of MontereyCalifornia Court of Appeal · 2017
  3. Hale v. Cal. Pub. Employees' Ret. SystemCalifornia Court of Appeal · 2022
  4. Mt. Diablo Unified School Dist. v. Clayton Valley Charter High SchoolCalifornia Court of Appeal · 2021
  5. Mt. Diablo Unified School Dist. v. Clayton Valley Charter etc.California Court of Appeal · 2021

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