Jacobs v. The Regents of the University of California
B268758
| Cal. Ct. App. | Jun 28, 2017Background
- Plaintiffs Allison Jacobs and Dennis Mueller are former University of California peace officers who received Duty Disability Income (DDI) under the University of California Retirement Plan (UCRP) after on‑duty injuries. Jacobs began DDI before medical separation in 2013; Mueller began DDI in 1998 and previously received retired ID/endorsement renewals until 2013.
- Both requested a retired identification card and a concealed‑weapons endorsement (retired peace officer privileges under the Penal Code); the Regents denied those requests and declined to hold good‑cause hearings. FUPOA brought a declaratory claim on behalf of members.
- Under the UCRP, members may receive DDI while still accruing service credit and without separating from employment; UCRP contains no separate “disability retirement” category—retirement requires an affirmative election and receipt of Retirement Income.
- Plaintiffs sought a writ of mandate (Code Civ. Proc. § 1085) arguing that receipt of DDI makes them "honorably retired" under Penal Code § 16690 and thus entitled to retired ID and endorsement; the trial court denied the petition for lack of a clear, present, ministerial duty.
- The Court of Appeal affirmed: it held the UCRP does not provide for a disability retirement and DDI recipients are not "retired" under the plan, so the Regents had no ministerial duty to issue retired IDs/endorsements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether DDI recipients are "honorably retired" under Penal Code § 16690 and thus entitled to retired ID and concealed‑weapons endorsement | Jacobs/Mueller: DDI is the "functional equivalent" of a disability retirement, so recipients qualify as "honorably retired" | Regents: UCRP contains no disability‑retirement category; DDI is a distinct ongoing disability benefit (not Retirement Income), so recipients are not retired and Regents has no statutory duty to issue retired IDs/endorsements | Court: Affirmed. DDI is not a retirement under the UCRP; plaintiffs are not retired for Penal Code purposes and no clear ministerial duty to issue retired IDs/endorsements exists |
Key Cases Cited
- Bergeron v. Department of Health Services, 71 Cal.App.4th 17 (standard for writ of mandate under Code Civ. Proc. § 1085)
- Gore v. Reisig, 213 Cal.App.4th 1487 (retired status requires retirement from active service)
- Regents of Univ. of Cal. v. City of Santa Monica, 77 Cal.App.3d 130 (Regents' internal policies may have force equivalent to statute)
- San Francisco Labor Council v. Regents of Univ. of Cal., 26 Cal.3d 785 (Regents' broad constitutional authority over university governance)