- Mallano v Chiang, et. al.
The judgment in Mallano v. Chiang, Case No. BC533770, Superior Court of the State of California, County of Los Angeles provides for the payment of back wages, benefits, and interest to members of the plaintiff class, CJA provides the following information.
Where to find the most up-to-date information: The State Controller’s Office (SCO) has created a website that is a single point of reference for all questions relating to Mallano v. Chiang and can be found by clicking HERE.
Retired Judges: Some judges who have separated from state employment may not have received their payment of back wages due to checks being distributed directly to applicable courts. CJA is informed that these checks are in the process of being redirected to the class member or beneficiaries’ current mailing addresses on file with the applicable court. If you have not received a check by August 30, you should contact the SCO.
Frequently Asked Questions: CJA is informed that the frequently asked questions section of the SCO Website is continuously evolving as class members and beneficiaries submit questions using the CONTACT FORM on the website. If you have a question that is not answered by one of the many FAQs, the SCO requests that you submit your question using the CONTACT FORM. CJA is further informed that the SCO is working with the Judges Retirement System to respond to all questions that come in or direct them to someone who can respond.
Question About Reciprocity: Here is a question found on the SCO website regarding reciprocity: "I receive retirement benefits from a plan with limited JRS/JRS II reciprocity based on my final compensation as a judge. How will the retroactive payments impact my benefits and what do I need to do to make sure I receive those additional benefits?"
“A person in your situation may be entitled to receive retirement benefits from JRS or JRS II and another plan with which JRS and JRS II have limited reciprocity. You will need to contact the reciprocal retirement system and notify that reciprocal retirement system that there has been a change in your final compensation as a judge. The reciprocal retirement system will then contact JRS for verification. The reciprocal retirement system will be able to tell you if there is any impact on the retirement benefits from the reciprocal retirement system.” (Question and Answer from the State Controller Office Mallano Website: https://sco.ca.gov/mallano)
CJA is informed that a member who retired concurrently from both the JRS/JRS II and either CalPERS, or a 1937 Act County, (the “reciprocal retirement system”), between July 1, 2008 through June 30, 2017, and who are calling to update their final salary, the process identified above is not instant. The payment for back wages and interest have been issued. The reporting of the payroll to the retirement systems is done after payments have been issued. Once the payroll information is received by the system, the files will be processed.
CJA is further informed, due to the length time for the correction period, there may be errors and/or issues that will require review and resolution before the payroll is posted. This may require the retirement system to work directly with the Counties and the SCO to resolve these issues.
After, the payroll files have been processed, CJA is informed that the updated salary information can be used to recalculate and process those JRS II monthly retirement benefit adjustments, and to provide the updated salary information to the reciprocal retirement systems to make adjustments to retirees with concurrent retirement.
CJA has been told that for those members who receive retirement benefits with limited JRS I/II reciprocity to anticipate that this process will take some time. Please be patient when calling the retirement system call center as they inform us they are routing hundreds of calls each day.