On or about June 8, 2023, a law firm filed a complaint of discrimination with the Civil Rights Department (“CRD” [formerly the Department of Fair Employment and Housing]) and requested a right to sue notice on behalf of a former employee of Lake County who received a disability retirement through the California Public Employees’ Retirement
Michael Youril
CalPERS Requires Agencies Provide More Information to Support Decisions on Local Safety Members’ Disability Retirements
On March 15, 2023, CalPERS issued Circular Letter 200-014-23, setting forth new requirements that contracting agencies must follow when determining whether local safety members are substantially incapacitated from performance of their usual duties for the purposes of a disability retirement. Specifically, under Circular Letter 200-014-23, agencies are now required to submit additional documentation and…
Tips from the Table: SB 278
We are excited to continue our video series – Tips from the Table. In these videos, members of LCW’s Labor Relations and Collective Bargaining practice group will provide various tips that can be implemented at your bargaining tables. We hope that you will find these clips informative and helpful in your negotiations.
Gov. Newsom Signs Senate Bill 278, Which Greatly Increases Public Employer Exposure to Damages for CalPERS Compensation Reporting Errors
Background
On September 27, 2021, Governor Newsom signed Senate Bill (SB) 278, which adds Government Code section 20164.5 and will go into effect on January 1, 2022. SB 278 greatly increases the potential costs to CalPERS agencies for reporting errors, by creating new and in some cases retroactive financial exposure for CalPERS agencies already…
SB 278 May Shift Liability for Compensation that is Misreported to CalPERS Directly to Local Public Agencies Resulting in Significant Unanticipated Liability
The problems facing public agencies, many of which are struggling just to keep their heads above water, may get much worse in the near future. The California Legislature is currently debating Senate Bill (SB) 278 (Leyva), which if passed would create new and in some cases retroactive financial burdens and uncertainties for local public agencies…
Special Bulletin: California Supreme Court Leaves The California Rule Largely Intact in Highly Anticipated Opinion Concerning Public Employee Pension Rights
On July 30, 2020, the California Supreme Court issued its decision in Alameda County Deputy Sheriff’s Assn. v. Alameda County Employees’ Retirement Assn. (Alameda). It was anticipated that the Court would address the continuing viability of the “California Rule.” Under the California Rule, a public employee is vested in a pension benefit…
CalPERS Issues Circular Letter Explaining How Leave Under the Families First Coronavirus Response Act Should be Tracked and Reported
The California Public Employees’ Retirement System (“CalPERS”) has answered several outstanding questions concerning how paid leave hours taken under the Families First Coronavirus Response Act (“FFCRA”) should be tracked and reported. On April 16, 2020, CalPERS issued Circular Letter No. 200-021-20 which explains how to report compensation and track hours for employees taking leave under…
Update: CalPERS Suspends Retired Annuitant Work Hour Limitation during COVID-19 Emergency
On March 4, 2020, Governor Gavin Newsom issued Executive Order N-25-20. The executive order, among other things, suspended certain restrictions applicable to retired annuitants. On March 18, 2020, the California Public Employees’ Retirement System (“CalPERS”) issued Circular Letter 200-015-20, which explains the restrictions that are suspended for the duration of the state of emergency caused…
Is this PERSable/Reportable? Reporting and Tracking Temporary Upgrade Pay, Out-of-Class Appointments, and Extra Duty Pays
Applying the different California Public Employees’ Retirement System (“CalPERS”) rules related to Temporary Upgrade Pay, out-of-class appointments, and non-reportable extra-duty pays can be unnerving. For classic employees, compensation for appointments meeting the definition of Temporary Upgrade Pay are reportable to CalPERS and is included in pension benefits. For out-of-class appointments, the Government Code establishes a…
Are They Ever Coming Back? – Taking a Proactive Approach to Leave Management and Employees who are on Long-Term Leaves of Absence
Leaves of absences are one of the most complex and frustrating areas of personnel management that public agency employers face. There are several complex, overlapping, and intersecting laws to apply and navigate. In many situations, it is difficult for the agency to determine its rights and obligations.
Employers must determine if a leave is protected…