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 & McGill. 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.