California Public Records Act
LAW Gives Public Access to retiree and BENEFICIARY information
Under the California Public Records Act (CPRA), any individual or group is free to file a request for public information. In 2011, the courts established certain retiree information is subject to disclosure under this law. Prior to those court decisions, LACERA understood Section 31532 of the County Employees Retirement Law of 1937 (CERL) — the law that governs LACERA — to mean all information pertaining to an individual member, including the amount of the member’s and his or her beneficiary's benefit payments, was confidential.
The CPRA (Govt. Code §§ 6250 - 6276.48) was enacted in 1968. In creating the law, the California Legislature declared the public had the right to information concerning the peoples' business. The CPRA grants the public access to information in possession of all California state and local agencies, including LACERA. (Read FAQs: Public Access to Member Information.)
Active Member Data Also Subject to Disclosure
Information regarding active County employees is also subject to disclosure. The California Supreme Court has held the public has a right to know the names and salaries of public officials and employees under the CPRA.
lacera complies with information requests
To date, we have received requests from two news organizations for retiree information and expect to receive additional requests from other organizations and/or individuals in the future. LACERA will honor all lawful requests for information. We are unable to alert our members each time we receive such a request.
LACERA Releases Retiree Data to L.A. Times
In September 2011, LACERA released certain retiree data to the Los Angeles Times in response to a request filed by the newspaper under the CPRA. The request pertained to LACERA retirees who retired on or after January 1, 1995. We provided each retiree’s name, gross pension amount, final compensation at time of retirement, Los Angeles County department retired from, and retirement date. LACERA did not release, nor did the L.A. Times request, any of our members’ contact information or social security numbers, or information regarding any retiree who retired before January 1, 1995.
Court Orders Release of Additional Information
Following its initial request, the L.A. Times filed a lawsuit asking the court to require LACERA to release a broader range of retiree data. LACERA opposed this lawsuit; however, on November 15, 2011, the court ruled in favor of the L.A. Times and ordered LACERA to release the additional information sought by the L.A. Times. This information consisted of start date, plan type, years of service at retirement, service years purchased, benefit payment options, monthly and annual gross medical benefits, gross monthly benefit including medical benefits, and the formula used to calculate retirement benefits.
In response to a lawsuit brought by two sheriffs’ unions, the court instructed LACERA to exclude information pertaining to two retired deputy sheriffs. The unions had argued the release of data pertaining to Sheriff's Department personnel could jeopardize the safety of some retired deputy sheriffs.
Recent court rulings, including rulings by three California Courts of Appeal, have found confidentiality does not apply to most retiree and beneficiary information. In light of this trend, the Board of Retirement decided not to appeal the court’s November 15, 2011 ruling. LACERA is complying with court's February 15, 2012 deadline.
California Courts of Appeal Decisions
- Sacramento County Employees Retirement System v. Superior Court
- San Diego County Employees Retirement Association v. Superior Court
- Sonoma County Employees’ Retirement Association v. Superior Court
Bay Area News Group Files Request
In early January 2012, the Bay Area News Group filed a CPRA request for retiree information and we are complying with it. This request is not limited to those who retired after 1995.
4/3/12