The employee and the prosecuting agency are required by law to notify the public employer within 60 days of the qualifying felony conviction. The employer is required by law to notify LACERA within 90 days of a qualifying felony conviction. LACERA can also be notified by the media, third parties, or members. When this occurs, LACERA will reach out to the employer and ask for the felony conviction information.
Once LACERA receives the information, staff will review the court documents and the member’s account and make an initial determination of whether the felony forfeiture statutes apply. The member’s account will also be locked at this time.
Member’s Right to Appeal
Prior to any adjustments actually being made on the member’s account, LACERA will send a Notice of Initial Determination Letter to the member. If no appeal is filed, the adjustments referred to in the initial determination letter are implemented.
The member has 30 days to file an appeal to the Board of Retirement. The appeal should contain a statement of the facts forming the basis of the appeal, copies of documents, and other evidence the member deems relevant to the appeal. The matter will be placed on the Board of Retirement’s regular public agenda for its determination. The member and his or her counsel will have the opportunity to address the Board in open session and the Board will consider the matter in closed session.
Following the Board meeting, the Legal Office will provide the member with written notice of the Board’s decision. If the Board agrees with the staff’s initial determination, LACERA will implement the adjustments as indicated in the Notice of Initial Determination. If the Board adopts another resolution, LACERA shall implement the adjustments as indicated in the Board’s decision. If the member is dissatisfied with the Board’s action, the member may obtain judicial review by filing a petition for a writ of mandate. The written notice of the decision will include information about the member’s right to judicial review.
See the Related Documents on this page for more details about the appeals process.