Board of Retirement v. Superior Court

Opinion

YEGAN, Acting P. J.

A retired county employee receiving a disability allowance commits a crime and is ordered to make restitution to the victim. The county retirement system is maintained under the County Employees Retirement Law of 1937 (CERL). (Gov. Code, § 31450 et seq.) If the retired employee fails to make restitution, can the trial court order the county retirement system to deduct restitution payments from the employee’s disability allowance? The answer is no. Although the victim has a constitutional and statutory right to restitution, the trust funds held for the employee are…