Rolf Bishop, a former employee of the County of San Diego, pleaded guilty to a felony charge of violating a state conflict-of-interest law. After the entry of Bishop’s plea, but before his criminal sentencing, the San Diego County Employees Retirement Association (SDCERA) notified him that he had forfeited a portion of his accrued pension benefits under Government Code section 7522.74 on the basis that he had been “convicted” of a job-related felony. Thereafter, the court overseeing Bishop’s criminal case reduced his offense to a misdemeanor under Penal Code section 17, subdivision (b)(3), and Bishop requested reinstatement of his forfeited pension benefits. SDCERA denied the reinstatement request and Bishop petitioned the trial court for a writ of administrative mandate seeking to set aside SDCERA’s decision. The court denied Bishop’s writ petition and entered judgment for SDCERA.
Bishop appeals, arguing he is entitled to the reinstatement of his forfeited pension benefits because the crime to which he pleaded guilty was reduced to a misdemeanor at sentencing. Bishop’s appeal requires us to determine whether a public employee suffers a “conviction” within the meaning of section 7522.74 when the employee is adjudicated as guilty of a crime, whether by plea or jury verdict, or, alternatively, whether the employee suffers a “conviction” only when there has been both an adjudication of guilt and entry of a judgment thereon. In Estrada v. Public Employees’ Retirement System (2023) 95 Cal.App.5th 870 (Estrada), our colleagues in the Second District Court of Appeal determined that an adjudication of guilt constitutes a “conviction” for purposes of a felony-forfeiture provision that is substantively identical to section 7522.74. We agree with the Estrada court’s conclusion. We also agree with the Estrada court’s holding that a public employee’s pension benefits remain forfeited irrespective of whether the employee’s job-related felony conviction is reduced to a misdemeanor conviction under Penal Code section 17, subdivision (b).
Because Bishop pleaded guilty to a job-related felony, we conclude he was “convicted” of a job-related felony within the meaning of section 7522.74. His forfeited pension benefits remained forfeited, notwithstanding the criminal court’s reduction of the felony charge to a misdemeanor charge under Penal Code section 17, subdivision (b)(3). Therefore, we affirm the judgment in favor of SDCERA.
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