Date: 11-15-2024

Case Style:

Glenn E. Diaz v. State of Louisiana

Case Number: 650070

Judge: Tiffany Foxworth-Roberts

Court: 18th Judicial District Court, East Baton Rouge Parish, Louisiana

Plaintiff's Attorney:

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Defendant's Attorney: Robert E. Tarcza

Description:

Baton Rouge, Louisiana employment law lawyer represented the Plaintiff.

Mr. Diaz worked as an Assistant District Attorney ("ADA") in St. Bernard Parish for more than thirty years. During that time, Mr. Diaz contributed to and participated in DARS.[1] Mr. Diaz retired on November 11, 2014. More than sixteen months later, on March 22, 2016, Mr. Diaz submitted his application for retirement, and DARS made payments from that date.[2] Mr. Diaz requested that DARS pay him retirement benefits retroactive to November 11, 2014, but DARS indicated that it would only make payments from the date of Mr. Diaz's application.[3]

On July 22, 2016, Mr. Diaz filed a petition against the State of Louisiana, through the Board of Trustees of DARS ("the Board"). Mr. Diaz alleged DARS's decision to deny him vested retirement benefits based on its interpretation of La. R.S. 11:1631 (D) was arbitrary and capricious. Mr. Diaz further alleged DARS illegally took property that belonged to him. He sought a judgment in his favor and against DARS in the amount of $120,000.00, together with legal interest from November 11, 2014 until paid; attorney fees; a declaratory judgment declaring La. R.S. 11:1631, as applied by DARS, unconstitutional; and all other general and equitable relief.

DARS filed a motion for summary judgment on August 15, 2023, asserting that Mr. Diaz's first application for retirement was received by the Board on March 22, 2016 and that he was paid his retirement allowance retroactive to that date. DARS further alleged Mr. Diaz was not entitled to a retirement allowance before his application was received by the Board pursuant to La. R.S. 11:1631(D). In support of its motion, DARS filed the affidavit of the Director of DARS, Philip Quails; Mr. Diaz's first application for retirement dated March 22, 2016; Mr. Diaz's revised application for retirement dated April 11, 2016; Mr. Diaz's DARS Benefit History; DARS's Summary of Principal Plan Provisions; a letter from DARS along with a copy of a check for Mr. Diaz's Back-DROP balance; and a Separation Notice dated November 18, 2014 along with emails between DARS and Mr. Diaz.

Thereafter, Mr. Diaz filed an opposition to DARS's motion. Mr. Diaz contended that DARS was not required to send him payments before the Board received his application for retirement on March 22, 2016, but he did not abandon, forfeit, surrender, waive, or otherwise give up the right to collect his retirement allowance from November 11, 2014 through March 21, 2016. In support of his opposition, Mr. Diaz filed a letter dated November 6, 2014 addressed to the Division of Administration; the petition; DARS's memorandum on its exception of no cause of action with attachments; Mr. Diaz's opposition to DARS's exception of no cause of action; and trial court minutes. DARS filed its reply on October 18, 2023.

A hearing was held on October 26, 2023, and the trial court granted summary judgment in favor of DARS and against Mr. Diaz, and dismissed Mr. Diaz's claims against DARS. A judgment to that effect was signed by the trial court on November 9, 2023. Mr. Diaz appealed.

Diaz v. State, 2024 CA 0340 (La. App. Nov 15, 2024)

Outcome: Affirmed

Plaintiff's Experts:

Defendant's Experts:

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