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Pension Tension: Lawsuit Threatened Over City of Fresno's Contribution Cut
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By David Taub, Senior Reporter
Published 40 mins ago on
July 30, 2024

Attorneys representing the Fresno police and firefighter pension fund is warning the city to fully pay its contribution or face legal action. (GV Wire Composite/David Rodriguez)

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Fresno’s municipal pension system and City Hall are at odds over how much should be paid into the police and firefighter retirement fund.

And, the dispute could wind up in the courtroom.

The city wants to keep its contributions the same as last year, approximately $30.8 million. The pension board with the legal right to set the rate, said the contribution should be $33.7 million instead. The pension fund is for both sworn police and firefighters. Other city employees have a separate retirement fund.

The pension systems — known as the City of Fresno Fire & Police Retirement System and the City of Fresno Employees Retirement System (collectively referred to as CFRS) — have threatened to sue if the city does not raise its contribution.

Fresno is one of the rare California cities with a fully-funded pension and a long history of strong fiscal management.

GV Wire reached out to the city officials for comment but didn’t receive a response before the publication of this story.

Budget Process: No More Overfunding

“We can’t afford to superfund a pension already funded to the tune a quarter-of-a-billion dollar surplus … Something has to give.” — Councilmember Mike Karbassi

During the city budget process in June, the city council voted to keep its pension contribution at last year’s level. The city said the fund is already funded at 116% — meaning if the city owed everything right now, it would have a 16% surplus.

To save $6 million to help a city budget that was $40 million in the hole, the council voted to keep contributions the same instead of continuing to “superfund” the pension system. The budget maneuver prevented cuts in firefighter staffing and services.

CFRS wrote a July 15 letter to City Attorney Andrew Janz, saying it sets the contribution rate, which can’t be unilaterally cut.

“There is no basis under California law for the City’s refusal to timely pay these amounts. And, CFRS will pursue all available legal remedies, including without limitation suing the City and its City Council for immediate payments of all amounts due, plus interest,” stated the letter, written by attorney Ashely Dunning of Nossaman LLP of San Francisco.

CFRS provided the city with an Aug. 9 deadline to comply.

Robert Theller, the fund’s retirement administrator, questions how the city calculated a $6 million savings.

“We have requested where that calculation came from several times, and the city has not provided it,” Theller said.

Theller said the retirement board sets the contribution rate, using a third-party actuary consultant — experts in risk management. The 9.5% increase in contributions for Fiscal Year 2025 (from $30.8M to$33.7M) was based on factors such as increased wages and hiring more sworn personnel.

Karbassi: ‘Something Has to Give’

Councilmember Mike Karbassi led the effort during budget hearings to maintain the pension contribution level. He said without that maneuver the fire department risked staffing and unit cuts. Station 2 in Karbassi’s northwest Fresno district would be in jeopardy, he said.

“We can’t afford to superfund a pension already funded to the tune a quarter-of-a-billion dollar surplus,” Karbassi said. “Something has to give,” he said.

Theller said it is a matter of priorities.

“I would look back through the budget priorities that they did prioritize, such as new street signs over those firefighters, and not paying the benefits that they promised to the existing firefighters,” Theller said.

Read Retirement System Letter to City

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David Taub,
Senior Reporter
Curiosity drives David Taub. The award-winning journalist might be shy, but feels mighty with a recorder in his hand. He doesn't see it his job to "hold public officials accountable," but does see it to provide readers (and voters) the information needed to make intelligent choices. Taub has been honored with several writing awards from the California News Publishers Association. He's just happy to have his stories read. Joining GV Wire in 2016, Taub covers politics, government and elections, mainly in the Fresno/Clovis area. He also writes columns about local eateries (Appetite for Fresno), pro wrestling (Off the Bottom Rope), and media (Media Man). Prior to joining the online news source, Taub worked as a radio producer for KMJ and PowerTalk 96.7 in Fresno. He also worked as an assignment editor for KCOY-TV in Santa Maria, California, and KSEE-TV in Fresno. He has also worked behind the scenes for several sports broadcasts, including the NCAA basketball tournament, and the Super Bowl. When not spending time with his family, Taub loves to officially score Fresno Grizzlies games. Growing up in the San Francisco Bay Area, Taub is a die-hard Giants and 49ers fan. He graduated from the University of Michigan with dual degrees in communications and political science. Go Blue! You can contact David at 559-492-4037 or at Send an Email

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