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BERNARD v. CITY OF OAKLAND

Nos. A127853, A127844

STEVEN BERNARD et al., Plaintiffs and Appellants, v. CITY OF OAKLAND, Defendant and Respondent; CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM, Real Party in Interest and Respondent. RICHARD MARTINEZ et al., Plaintiffs and Appellants, v. CITY OF UNION CITY, Defendant and Respondent; CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM, Real Party in Interest and Respondent.

Court of Appeals of California, First District, Division One.

Filed January 30, 2012.

Attorney(s) appearing for the Case

Wylie, McBride, Platten & Renner, John McBride and Christopher E. Platten for Plaintiffs and Appellants.

Meyers, Nave, Riback, Silver & Wilson, J. Scott Smith for Defendant and Respondent City of Union.

Vicki A. Laden , Supervising Deputy City Attorney for Defendant and Respondent City of Oakland.

Davis Wright Tremaine , John R. Tate for Defendant and Respondent California Public Employees Retirement System.

CERTIFIED FOR PUBLICATION

BANKE, J.

I. INTRODUCTION

Plaintiffs in these cases, retired firefighters or their surviving spouses, contend the City of Oakland and Union City were required to make additional payments toward their health care coverage on January 1, 2007, pursuant to an amendment to the Public Employee Medical Hospital Care Act (PEMHCA). The cities and the California Public Employees' Retirement System (CalPERS), which administers the...

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