|
Retired POA President Wins Arbitration For Retiree Medical Benefits
By: Dieter C.
Dammeier
LACKIE & DAMMEIER
Retired Los Angeles School Police Officer
Gilbert Sandoval was denied retiree health benefits from his former
employer, the Los Angeles Unified School District. Of course, in
today’s economy, this is not a small loss and Sandoval was to say the
very least not happy with the School District’s position. Fortunately,
an arbitration panel has ruled in favor of Sandoval, correcting the
District’s violation of the MOU.
It started in 1999. Sandoval, then a 21-year
veteran of the School Police Department was appointed by Governor Gray
Davis to the Youth Authority Offender Parole Board. This was a
full-time position and required Sandoval to make a life changing
decision involving his career. After speaking with his then Chief of
Police, he decided to “retire” early from the School Police Department.
Since working for the Youth Authority Parole Board was a PERS agency,
Sandoval did not commence receiving PERS retirement benefits until five
years later when he retired from that position.
When Sandoval left the Parole Board in 2004
he began to process his pension with PERS. While on the Youth Authority
Parole Board he maintained he continued the same PERS medical plan, paid
for by the State, which had previously been paid for by the School
District. In 2004 Sandoval contacted the School District and indicated
that he desired to start receiving his retiree medical benefits. After
about eleven months of “we’re looking into it” by the School District,
Sandoval was finally informed that he did not qualify for retiree health
benefits since he did not retire from the School District. The School
District’s position was that he “resigned” in 1999 when he left to work
for the Youth Authority Parole Board and since he did not commence
collecting from PERS at that time he was not considered a School
District “retiree.”
A grievance was filed by Sandoval’s former
Association, the Los Angeles School Police Association and he was
represented by LASPA’s general counsel, Lackie & Dammeier. In the
arbitration, it was shown that despite what the School District felt
Sandoval’s status was when he left, it was clear the School Police
Department considered him a “retiree.” He was given a retiree going
away party, was documented as retiring and given retiree identification
as a retired police officer. Fortunately, the three member arbitration
panel agreed that even though Sandoval did not commence collecting from
PERS until 2004, that he was in fact a School District retiree in 1999
when he left employment, and accordingly was entitled to the retiree
medical health benefit. The panel ordered the School District to
provide Sandoval and his family medical insurance now for the rest of
his life. Additionally, the District was ordered to reimburse Sandoval
for his out of pocket medical expenses since April of 2004.
As one might readily understand, given
today’s medical costs, Sandoval is very pleased with the outcome of the
case and was thankful that his former Association that went to bat for
him in his time of need so many years later after not being a member.
|
