If your agency is a contracting agency with the California Public Employees’ Retirement System (CalPERS), chances are you have heard about the important distinctions between an “employee” and an “independent contractor” under the Public Employees’ Retirement Law (PERL). Whether an individual is an “employee” or an “independent contractor” determines whether the individual must be enrolled
This blog was originally authored in August 2019 but has been reviewed and updated for January 2025.
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
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
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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
The Public Employees’ Retirement Law (PERL) and State Teachers’ Retirement Law (STRL) provide defined benefit retirement plans administered by CalPERS or CalSTRS, respectively, for eligible employees of participating public agencies (“employers”). To fund these plans, public education agency employers report member compensation to either CalPERS or CalSTRS directly, or through their county offices of education.
This post appeared in August 2016. It has been reviewed and is up to date.
CalPERS issued a Circular Letter on July 12, 2016, which provided information on its compliance review process and its most common findings, including employing retired annuitants. In our practice, we have also observed some confusion surrounding the specifics on
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
This article was originally published in June 2014. The information has been reviewed and is up-to-date as of August 2021.
It is a common phrase that most in the public sector have heard of – a “PERS audit.” However, despite having heard of CalPERS (“PERS”) audits occurring, many have not experienced an audit firsthand and