A San Diego Superior Court judge has issued a temporary restraining order giving police officers a short reprieve in making decisions related to the Deferred Retirement Option Plan until further hearings are held later this month in the case between the city and the police union.

Judge David Oberholtzer’s ruling lasts until June 25, when another hearing is scheduled in the case, unless the judge makes another ruling before that date.

City officials recently made several changes to DROP that will go into effect July 1, but the police union argued the changes can’t be made because DROP is a vested benefit and requires a vote under the city charter. The city disagrees on both counts.

Police union attorney Michael Conger has said he asked for a temporary restraining order because employees were faced with deciding whether they should retire before knowing if the court would rule the program was a vested benefit.

Oberholtzer’s order says any officer’s decision regarding DROP that “could have been made or must have been made in the time between this restraining order and further order of this court, shall be deemed to have been made on or before the respective election date.”


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