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
Michael provides representation and legal counsel to Liebert Cassidy Whitmore clients in matters pertaining to employment and labor law.
Michael has extensive experience in retirement law including CalPERS, the '37 Act, and local retirement systems. Michael represents agencies in all aspects of the CalPERS audit and determination process and in disability retirement proceedings. Michael regularly represents agencies before the Office of Administrative Hearings and various retirement Boards. He also litigates CalPERS determinations and disability retirement cases in superior court. Michael also assists agencies in complying with retirement and health benefit laws, including post-retirement work restrictions, independent contractor status, disability retirement, PEPRA compliance, PEMHCA (i.e. CalPERS medical), health benefits for elected officials, and determining whether compensation is included or excluded from reporting for the purposes of determining pension benefits.