San Diego -
A superior court judge has ruled against the San Diego Firefighters Union in a pension benefits case the city attorney said could have cost the city millions.
"The gist was that the firefighters union sought to include overtime pay in their base compensation for purposes of calculating their pension benefits," said San Diego City Attorney Jan Goldsmith. "This was a test case, but if it was successful it would have applied to all employees currently, past and future."
Not true, said the president of the firefighters union.
"We filed the lawsuit on behalf of a closed group of about a dozen singled roled paramedics," said Frank De Clercq, president of Local 145, the City of San Diego's Firefighters Union. " These are paramedics many of whom have worked for the city for 15 to 20 years. They're forced to work 56 hours a week, 16 hours above and beyond their 40 hour work week."
Union attorneys argued that in the case of an employee regularly scheduled for overtime, the pay should be included in the base for calculating retirement compensation. De Clercq said the judge originally agreed with them and then changed her position. In her ruling, she wrote that a municipal code excluded overtime and or any premium pay. But, said De Clercq, the dozen paramedics in the suit do not fall under that code.
"They have been left out," De Clercq said. "They in fact in our opinion should be part...like any other firefighter is or paramedic is in this state be part of the safety retirement in addition. These people have been put in the general retirement system.
Although disappointed in the ruling, De Clercq said he is not sure if an appeal is in the works. That would be good news to Goldsmith, who didn't believe the case had merit. He said with this win, he believes a message is being sent.
"I think we're demonstrating that it is not a good idea to waste time and expense suing the city to seek pension benefits that aren't allowed by law," Goldsmith said. "Let's get down to some of the legal issues and financial issues having to do with the pension and get rid of the stuff on the side."
De Clercq doesn't believe the suit was a waste.
"They don't hire these people anymore," he said. "How can you leave out these dozen people that have worked for you for so many years. They're entitled to it. That's why we went to court."
"The gist was that the firefighters union sought to include overtime pay in their base compensation for purposes of calculating their pension benefits," said San Diego City Attorney Jan Goldsmith. "This was a test case, but if it was successful it would have applied to all employees currently, past and future."
Not true, said the president of the firefighters union.
"We filed the lawsuit on behalf of a closed group of about a dozen singled roled paramedics," said Frank De Clercq, president of Local 145, the City of San Diego's Firefighters Union. " These are paramedics many of whom have worked for the city for 15 to 20 years. They're forced to work 56 hours a week, 16 hours above and beyond their 40 hour work week."
Union attorneys argued that in the case of an employee regularly scheduled for overtime, the pay should be included in the base for calculating retirement compensation. De Clercq said the judge originally agreed with them and then changed her position. In her ruling, she wrote that a municipal code excluded overtime and or any premium pay. But, said De Clercq, the dozen paramedics in the suit do not fall under that code.
"They have been left out," De Clercq said. "They in fact in our opinion should be part...like any other firefighter is or paramedic is in this state be part of the safety retirement in addition. These people have been put in the general retirement system.
Although disappointed in the ruling, De Clercq said he is not sure if an appeal is in the works. That would be good news to Goldsmith, who didn't believe the case had merit. He said with this win, he believes a message is being sent.
"I think we're demonstrating that it is not a good idea to waste time and expense suing the city to seek pension benefits that aren't allowed by law," Goldsmith said. "Let's get down to some of the legal issues and financial issues having to do with the pension and get rid of the stuff on the side."
De Clercq doesn't believe the suit was a waste.
"They don't hire these people anymore," he said. "How can you leave out these dozen people that have worked for you for so many years. They're entitled to it. That's why we went to court."
