The City and County of San Francisco (the City) permits employees who have completed at least 10 years of service and who become disabled to receive disability retirement benefits. (S.F. Charter, § A8.603-3.) These benefits are set by what the parties in this case refer to as “Formula 1” if the result of Formula 1’s application exceeds a certain percentage of the employee’s average final compensation, and these benefits are calculated according to what the parties refer to as “Formula 2” if the application of Formula 1 does not exceed a certain percentage of the employee’s average final compensation.
Plaintiffs contend on appeal that the City’s use of Formula 2 to calculate disability retirement benefits discriminates against them based on their age of entry (40 and above) into the City’s retirement system in violation of the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.). The main question before us is whether the trial court erred by determining after a bench trial that plaintiffs had not prevailed under the FEHA. For the reasons explained herein, we conclude that the trial court did not err, and we affirm the judgment.
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