Bilyeu v. State Employees' Retirement System
Bilyeu v. State Employees' Retirement System
Opinion of the Court
Both plaintiff, John F. Bilyeu, and claimant, the State Employees’ Retirement System, appeal from an order of the trial court allowing the retirement system a lien against a judgment obtained by plaintiff for personal injuries caused by the negligence of a third party. The lien was allowed for benefits paid plaintiff by the retirement system, of which plaintiff is a member.
Plaintiff, a state highway patrolman, was injured in the line of duty. He commenced the instant action against the negligent tortfeasor and recovered a judgment of $62,271.11. He also applied for and received industrial disability benefits pursuant to section 4800 of the Labor Code, and the State Compensation Insurance Fund filed a claim of lien for the amount of those benefits. (See Lab. Code, § 3856.) Plaintiff
Authority for the creation of the State Employees’ Retirement Act is found in our Constitution, article IV, section 22a, which provides as follows: “The Legislature shall have power to provide for the payment of retirement salaries to employees of the State who shall qualify therefor by service in the work of the State as provided by law. The Legislature shall have power to fix and from time to time change the requirements and conditions for retirement which shall include a minimum period of service, a minimum attained age and minimum contribution of funds by such employees and such other conditions as the Legislature may prescribe, subject to the power of the Legislature to prescribe lesser requirements for retirement because of disability.”
Pursuant to the aforesaid authority vested in it the Legislature has provided for retirement by the State Employees’ Retirement Law. (Gov. Code, §§ 20000 et seq.) It has provided for the subrogation of members’ claims in section 21451, which states: “If benefits are payable under this part because of an injury to or the death of a member and such injury or death is the proximate consequence of the act of a person other than his employer (the State or the employing contracting agency), the board may on behalf of this system recover from such person an amount which is the actuarial equivalent of the benefits which are provided by contributions of the State or contracting agency and for which this system is liable because
It is at once manifest that the Legislature has provided, through the enactment of these provisions, for the recovery by the retirement system of the actuarial equivalent of benefits paid and payable to plaintiff (§ 21451), for the filing of a lien or intervening in a court proceeding to recover the amount of the actuarial equivalent (§ 21453), for the disbursement of that sum first to replenish amounts already paid or for which there is an existing obligation to pay, and for the payment of the balance to the fund from which plaintiff is compensated (§21454). If such enactments are deemed to be valid and proper legislation, then they constitute, with other provisions, the terms of plaintiff’s contract of employment with the state agency by which he was employed. (Wallace v. City of Fresno, 42 Cal.2d 180 [265 P.2d 884]; Kern v. City of Long Beach, 29 Cal.2d 848 [179 P.2d 799]; Abbott v. City of Los Angeles, 178 Cal.App.2d 204 [3 Cal.Rptr. 127].) Plaintiff has, in legal effect, agreed that the retirement system may recover the actuarial equivalent of its loss due to his disability retirement, from a judgment recovered from the third party who negligently caused plaintiff’s injuries and thus imposed the burden of the disability retirement payments on the retirement system. The right of such a recovery must be deemed to have been bargained for by the retirement system and to have determined, in part, the payments which both plaintiff and his employer were required to pay into the system in order to provide the disability retirement payments. No claim is made that the right of recovery was not equitably bargained for and
Plaintiff contends, however, that the subrogation provisions deny him the equal protection of the laws and are otherwise unconstitutional. The claim of discrimination arises from the fact that the Legislature has not included all state employees, particularly legislators and judges, within a single act, but has provided for different and, plaintiff contends, more advantageous terms to such other employees. There is no constitutional requirement of uniform treatment, but only that there be a reasonable basis for each classification. In Sacramento Mun. Util. Dist. v. Pacific Gas & Elec. Co., 20 Cal.2d 684 [128 P.2d 529], we said at page 693: “Wide discretion is vested in the Legislature in making the classification and every presumption is in favor of the validity of the statute; the decision of the Legislature as to what is a sufficient distinction to warrant the classification will not be overthrown by the courts unless it is palpably arbitrary and beyond rational doubt erroneous. [Citations.] A distinction in legislation is not arbitrary if any set of facts reasonably can be conceived that would sustain it.” (See also State of California v. Industrial Acc. Com., 48 Cal.2d 365, 371 [310 P.2d 7].) Legislators and judges differ in many substantial respects from other state employees. They are constitutional officers, generally elected for relatively short terms, instead of being hired for indefinite periods with protection from arbitrary dismissal by the Civil Service Act. There is also a vast difference in the number of legislators and judges as compared to state employees generally. There is a difference in ages, and for that reason, as well as because of the nature of the work involved, the risk differs. There is a legitimate difference in the inducements which the state may or must hold out in order to obtain qualified personnel. Such distinctions and others justify differences in the amount of contribution to as well as benefits to be received from a retirement system. In any event it cannot be said that the classifications established pursuant to article IV, section 22a of the Constitution are arbitrary and therefore unconstitutional. (See Blumenthal v. Board of Medical Examiners, 57 Cal.2d 228, 233 [18 Cal.Rptr. 501, 368 P.2d 101] ; City of Walnut Greek v. Silveira, 47 Cal.2d 804, 811 [306 P.2d 453].)
Plaintiff also argues that the subrogation provisions impair the obligation of contract. But there have been no
Plaintiff next contends that the subrogation provisions constitute an unlawful assignment of a personal cause of action arising from a tortious injury. There are policy reasons why such assignments have not, in other instances, been permitted, but there is no constitutional prohibition which would prevent the Legislature from expressing a different policy and authorizing the instant assignment to a public agency. The very authority on which plaintiff relies in support of his contention, Fifield Manor v. Finston, 54 Cal.2d 632 [7 Cal.Rptr. 377, 354 P.2d 1073], states at pages 639 and 640: “Plaintiff has not cited to us any ease in the California courts where a right of subrogation to a cause of action for tortious injury to the person has been recognized, except in cases where such right of subrogation has been expressly granted by statute. The Legislature where it has desired to give a right of subrogation in such cases, has done so in express language: . . . Government Code, section 21451, giving the State Retirement System a cause of action against a person causing a member’s injury or death, to recover the actuarial equivalent of the benefits for which the system is liable because of such injury or death. ...” (Emphasis added.)
Plaintiff also contends that article IV, section 22a of the Constitution does not authorize the legislative requirement that a disabled member of the retirement system make additional contributions after he has become unable to work. However, the lien on plaintiff’s judgment for moneys which the retirement system is paying him for the same disability is manifestly not an additional contribution, but instead a reimbursement.
Plaintiff’s final contention, based on statutory construction and constitutional grounds, is that if there is to be any subrogation it must be limited to the payments accrued up to the time of the entry of the judgment against the third party tortfeasor, and that in no event can it reach those portions of the judgment attributable to pain and suffering.
The constitutional basis upon which plaintiff predicates his challenge in this regard is not clear and as we view it, lacks substance. Manifestly it cannot be based on forfeiture because, as hereinbefore determined, the recovery by the retirement
Plaintiff has thus failed to demonstrate any sound constitutional basis upon which the lien of the retirement system must be limited to those amounts paid or obligated to be paid to him or in his behalf at the time of the judgment.
The further contention that the Legislature, apart from any constitutional limitation or restriction, intended to limit the lien of the. retirement system to those amounts actually advanced at the time of the judgment is likewise without merit. It is based upon the provision contained in section 21453 of the Government Code that certain agencies in behalf of the retirement system may “. . . commence and prosecute actions, file liens, or intervene in court proceedings all in the same manner and to the same extent, provided in Chapter 5, Part 1, Division 4 of the Labor Code, for the state fund or employer. ...” A similar reference is contained in section 21452 of the Government Code. The Labor Code provisions to which reference is made contain sections 3851 through 3864, inclusive, and deal with subrogation by an employer of claims which an employee may have against third parties. Provision is made for survival of actions after death of an employee (§ 3851); employee’s actions against third persons (§ 3852); notice to the other when actions are commenced by either employer or employee and joinder of actions (§ 3853); recovery by an employer in the amount for which
It is contended that the Government Code provisions require construction and that such construction was intended to be supplied by the Labor Code provisions to which reference is made in the Government Code. Thus, it is claimed, the retirement system is entitled to its lien in the amount of $5,076.80 and the balance of the actuarial equivalent of $52,476.06 is recoverable by the retirement system only as a credit to be offset against future compensation payments as they fall due.
There are several reasons why the plaintiff’s contention must fail. In the first place section 21454 of the Government Code has expressly directed the disposition of the amounts recoverable. After providing for the reimbursement for current obligations the section further provides: “The balance of the amount recovered shall be paid by this system to the fund out of which the compensation of the injured or deceased member was paid. ...” The specific direction of section 21454 of the Government Code must be deemed to control over the general direction contained in section 21453 to the effect that recovery should be made in the manner and to the extent provided in the Labor Code provisions. (Neuwald v. Brock, 12 Cal.2d 662, 669 [86 P.2d 1047] ; Rose v. State of California, 19 Cal.2d 713, 723 [123 P.2d 505].) Nor do we believe that
The further contention that at least' those portions of the judgment attributable. to pain and suffering are not recoverable by the retirement system is likewise without legal basis. Although it does not appear that the precise contention has been previously made and resolved, we nevertheless are bound by our holding in an analogous and indistinguishable situation. In Jacobsen v. Industrial Acc. Com. (1931) 212 Cal. 440 [299 P. 66], an employer sought to assert its lien for workmen’s compensation benefits against a judgment obtained by an employee against a third person. The applicable statute provided in part: “The court shall, on application, allow as a first lien against any judgment recovered by the employee the amount of the employer’s expenditures for compensation.” (Stats. 1917, p. 879.) The court in that case held that the employer had waived its right to its lien. It also noted that in any event the lien would not extend to the elements of a judgment attributable to pain and suffering, and further stated at page 449 that the difficulties of segregating the elements of the employee’s recovery “might well call for further legislative action on the subject.” Such further legislation was not long in coming. Later in the same year the applicable statutory law was amended to provide that the lien attached to the “entire amount” of a judgment “for any damages.” (Lab. Code, § 3856; Stats. 1931, eh. 1119, pp. 2370-2371.) Thereafter in Heaton v. Kerlan (1946) 27 Cal.2d 716, 723 [166 P.2d 857], we stated: “Under the statute as amended, it is clear that the employer’s lien attaches to the entire judgment and that it is no longer necessary to segregate the part thereof that represents damages for pain and suffering. (Pacific Gas & Elec. Co. v. Industrial Acc. Com., 8 Cal.App.2d 499, 504 [47 P.2d 783].) ” While the foregoing cases are concerned with workmen’s compensation as provided for in the Labor Code, nevertheless, as we have, seen, the “manner” and “extent” to which the retirement system may assert its lien is provided for in the same sections of the Labor Code. (Gov. Code, §§ 21452, 21453.)
For the foregoing reasons the order herein- should be, and hereby is reversed and the cause remanded to the court below with directions to take further evidence if deemed necessary
Gibson, C. J., Traynor, J., Sehauer, J., McComb, J., and Tobriner, J., concurred.
Concurring Opinion
Under existing law the main opinion is sound. The Legislature has spoken, and, under the facts, the determination is conclusive. But I feel impelled to call to the attention of the Legislature that the policy it has adopted may lead, and in the instant case has led, to inequitable results.
This plaintiff, a state employee, was injured in the course of his employment as a result of the negligence of a third person. He suffered serious and permanent injuries, and also suffered a substantial amount of pain and suffering. He brought a tort action against the third person, and, purely as a result of his efforts, recovered a $62,000 judgment for such injuries, including, presumably, a substantial award for pain and suffering. He received workmen’s compensation and was compelled to retire because of his disability. He received and will receive retirement benefits. Because of the provisions of the Government Code referred to in the main opinion, the liens of the compensation carrier and of the State Employees ’ Retirement System will entirely consume the $62,000 judgment. As a result, plaintiff will receive no benefit at all from his tort action against the tortfeasor. He will receive not one penny for his pain and suffering. So far as he is concerned, he should never have filed the tort action. In the future, there will be no inducement for state employees in the position of plaintiff to file such actions. This result would not seem to be in accord with sound public policy. But it is what the Legislature has now provided. I suggest that the problem involved requires further legislative study in order to determine whether or not the obvious injustices of the present law should be alleviated by proper legislative action.
Reference
- Full Case Name
- JOHN F. BILYEU, Plaintiff and Appellant, v. STATE EMPLOYEES’ RETIREMENT SYSTEM, Claimant and Appellant
- Cited By
- 46 cases
- Status
- Published