Opinion

Hoffman v. Board of Retirement of Los Angeles County Employees' Retirement Ass'n

  • 42 Cal. 3d 590
  • 229 Cal. Rptr. 825
  • 724 P.2d 511
  • 51 Cal. Comp. Cases 639
  • 1986 Cal. LEXIS 264
Court
California Supreme Court
Filed
Sep 25, 1986
Status
Published
Author
Lucas
On the bench
Reynoso, Panelli, Lucas
Cited by
7 cases
Authority
More cited than 5.7%

The opinion

LUCAS, J.

I respectfully dissent. As I concluded in my dissent in Bowen v. Board of Retirement, ante, page 572 [ 229 Cal.Rptr. 814 , 724 P.2d 500 ], I believe the 1980 amendment to Government Code section 31720 changes the test for service-connected disability retirement benefits, rather than merely clarifying existing law, as the majority concludes. As a result of the majority’s holding in Bowen , the issue of retroactive application of the 1980 amendment need not be resolved since a mere clarification of prior law is *594 an exception to the general rule that statutes are not ordinarily construed to apply retroactively. (Balen v. Peralta Junior College Dist. (1974) 11 Cal.3d 821, 828, fn. 8 [ 114 Cal.Rptr. 589 , 523 P.2d 629 ].)

As I indicate in Bowen , the majority has chosen to ignore the clear language of the 1980 amendment and corresponding legislative history, and instead has applied an inappropriate standard for industrial causation, thus avoiding the necessity of construing potential constitutional limitations on the retroactive application of the amendment’s new standard. I believe we must recognize the intended change in the 1980 amendment and squarely address the issue of retroactivity in light of that interpretation.

Respondent’s petition for arehearing was denied October 30,1986. Lucas, J., and Panelli, J., were of the opinion that the petition should be granted.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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