SPECIAL SET HEARING ON: WRIT OF MANDATE & COMP FOR DECLARATORY RELIEF

SET BY STIPULATION OF PARTIES

* TENTATIVE RULING: *

The petition for a writ of mandate is denied.

In 2012 the Legislature enacted the Public Employees’ Pension Reform Act of 2013, commonly referred to as PEPRA. Among other things, PEPRA enacted certain provisions for the partial

(See General Instructions on first page.)

forfeiture of pension benefits by persons convicted of certain job-related crimes. In particular, Government Code § 7522.72(b)(1) provides in relevant part:

If a public employee is convicted by a state or federal trial court of any felony under state or federal law for conduct arising out of or in the performance of his or her official duties, … he or she shall forfeit all accrued rights and benefits in any public retirement system in which he is a member to the extent provided in subdivision (c) ….

Subdivision (c)(1) further states that “A member shall forfeit all the rights and benefits earn