City Attorney Mike Aguirre’s attempt to roll back $900 million in pension benefits met another stumbling block today when a judge ruled that his case could not proceed because it was filed too late after the benefits were created.
Superior Court Judge Jeffrey Barton said the city did not meet the one-year statute of limitations for lawsuits alleging conflict-of-interest violations. Aguirre filed the civil lawsuit in 2005, alleging that retirement trustees improperly boosted their own pensions while at the same time agreeing to let the city underfund the retirement system in 2002.
“Since the initial cross-complaint was filed over two and a half years after discovery of the alleged wrongdoing, it cannot survive the latest procedural challenge,” Barton wrote in the 20-page ruling.
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