Maienschein Could Get ‘Double Dip’ of Pension, Salary if Elected City Attorney

At the close of 2008, then-San Diego City Councilman Brian Maienschein ended his career on the council after a two-term tenure that was often consumed with controversy over the city’s troubled pension system.

He moved on to a 12-year career in the state Assembly representing the 76th District that includes parts of Escondido and San Diego. While he was in Sacramento, however, a piece of his San Diego city career went with him.

Maienschein has been collecting a pension from the city since 2009, first drawing it when he left at the age of 39. Last year it totaled more than $30,000, according to figures provided by the San Diego City Employees’ Retirement System, known as SDCERS, augmenting his nearly $130,000 salary as an assemblymember.

Ineligible to run for the legislature again because of term limits, Maienschein has set his sights on returning to local office — as San Diego’s elected city attorney, replacing Mara Elliott.

If he were to defeat his opponent, Chief Deputy City Attorney Heather Ferbert, Maienschein would pull down both his annual pension allotment, plus the almost $240,000 annual salary as the city’s top lawyer — a practice known as “double dipping.” 

State lawmakers sought to reign in that practice a decade ago, changing rules for most public employees who returned to government work after formally retiring. 

But since then, the legislature and the city have quietly added carve outs that specifically allow pensioners elected to public office to collect both a full pension and full salary. 

Maienschein declined to say if he would continue to take his pension if he were to win in November. But in a statement, he said that Ferbert would be in the same position. 

However, Dan Rottenstreich, the campaign manager for Ferbert, said it was wrong to imply Ferbert also had a conflict if she were to win. “Heather Ferbert is earning credit towards a pension when she retires, just like all city employees, and wouldn’t even be eligible to collect a pension while City Attorney,” he said.

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