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CHISOM v. BOARD OF RETIREMENT OF FRESNO COUNTY EMPLOYEES' RETIREMENT ASSN.

No. F064259.

218 Cal.App.4th 400 (2013)

160 Cal. Rptr. 3d 131

GERALDINE CHISOM et al., Plaintiffs and Appellants, v. BOARD OF RETIREMENT OF FRESNO COUNTY EMPLOYEES' RETIREMENT ASSOCIATION et al., Defendants and Respondents.

Court of Appeals of California, Fifth District.

July 16, 2013.

Attorney(s) appearing for the Case

Thomas J. Tusan and Russell D. Cook for Plaintiffs and Appellants.

Reed Smith , Harvey L. Leiderman and Jeffrey R. Rieger for Defendants and Respondents Board of Retirement of Fresno County Employees' Retirement Association and Fresno County Employees' Retirement Association.

Lozano Smith , Gregory A. Wedner and Scott G. Cross for Defendants and Respondents County of Fresno, Clovis Veterans Memorial District, Fresno Mosquito & Vector Control District and Superior Court of California for the County of Fresno.

OPINION

KANE, J. —

Appellants are retired public employees and members of the Fresno County Employees' Retirement Association (FCERA). From 2001 to 2009, if a member of FCERA qualified for a non-service-connected disability retirement, the amount of his or her monthly retirement allowance was calculated based on an "enhanced" benefits formula that exceeded the formula provided in the statutes governing such matters as found in the County...

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