SDCERA Stops Fight against Pension Information Disclosure

August 5, 2011 ( – In a statement, the San Diego County Employees’ Retirement Association (SDCERA) said it has obtained the direction it sought from the appellate courts in an untested legal area and mitigated the potential for harm associated with requiring the release of the names and benefit amounts of members receiving retirement benefits in excess of $100,000.

As such, SDCERA said, it does not see a point in continuing to litigate in the Supreme Court.  

According to the statement, SDCERA did not originally produce the information in response to a request by the California Foundation for Fiscal Responsibility (CFFR) to disclose the information because according to the 1937 Act retirement law, which governs SDCERA, such information is considered private. At the time, the law was unclear as no appellate court had previously addressed the issue. Additionally, SDCERA members expressed concern for their safety, for which the trial court agreed SDCERA made a strong and undisputed evidentiary showing of potential financial and physical harm to members that could result from such disclosure.  

However, an appellate court ruled that certain information should be disclosed to CFFR, but that CFFR is prohibited from posting the last names on the internet or any publicly available site (see CA Court Rules for Disclosing Public Pension Amounts).  

While other counties are now releasing information following the appellate court decision, the Los Angeles County Employees’ Retirement Association is still holding firm against it (see L.A. County Retiree Group Standing Firm against Pension Disclosure).