Police Officer/Firefighters category are mandated to contribute a part of their salary or deferred earnings to CalPERS in an account in the name of the member, in order to receive a contracted benefit from 2% or higher depending on the contracting agency, For me it was 2.5% for each year of service or about $715.00 which was to be added to the final salary based on 50% for me it was $1,607.07 I should have received $2322.07 plus the cost of living allowance of 2% (COLA) for my Industrial Disability allowance, instead of $1,607.07 plus the COLA of 2%. My current allowance is $2,341.18 ($1,607.07 plus COLA of $734.1).

At the time of your retirement on an Industrial Disability you are given an option to withdraw you accumulated deferred earnings on account with CalPERS and not receive a disability retirement or you can leave your earnings on account and receive a disability retirement in addition to the Industrial Disability Retirement allowance. Because CalPERS only pays 50% of final compensation if a persons elects to withdraw their deferred earnings CalPERS pays the 50% IDR allowance. But for those in the Police Officer/Firefighter category who elect to leave their deferred earnings on account with CalPERS in order to receive their contract benefit of 2%, 2.5%, 3% or higher CalPERS takes the money and rights off the years of services without notice in order to cap the IDR benefits at 50%. At the time of my retirement I had about 32,000.00 in my account and about 8 years of service. CalPERS took my deferred earnings and wrote off my years of service. My sister who is a Correctional Officer is also retired on an IDR her deferred earning was about $42,000.00 with over 10 years of service her money was taken and her years of service was written off. Dale who was a Probation Officer money was taken and his years of services was written off too.

There is a Lawsuit filed in October 2002 in the Superior Court of California County of Sacramento, case Davis vs. CalPERS #02AS06428. CalPERS never answered the complaint and is in Default. We have copies of memos from the court instruction the Deputy Clerks not to enter default against CalPERS. The Attorney of Record is Cynthia Rodriquez from CalPERS not the Attorney Generals Office. This case does not involve the State of California. It is a private litigation. There is no judgment in the case. We have been arrested in the Office of the Clerks office, declared vexaious litigants, we hired an attorney and the attorney generals office threatened him and in December of 2017 he withdrew after being paid.