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
Location, Location, Location! Employees May Qualify for Disability Retirement If They Can No Longer Perform Their Usual Job Duties At The Location Where Their Employer Will Allow Them To Work
Plaintiff Cari McCormick worked as an appraiser for Lake County. In 2010, she started to experience physical pain throughout her body and felt constantly fatigued. McCormick’s symptoms worsened when she was in her office environment but felt much better if she was at home or outside. McCormick was eventually told by her supervisors that she
Hiring a Retiree Seems Appealing Until it Leads to an Appeal
Many CalPERS agencies hire CalPERS retirees for limited post-retirement work to help with overflow or special projects. Often times, these retirees are the agency’s former employees who are familiar with the agency and the work to be performed. CalPERS can review these arrangements and determine that the retiree was engaging in unlawful post-retirement work either
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
Third Party Independent Contractor Agreements Do Not Guarantee Protection from CalPERS Membership
This post was authored by Kevin J. Chicas.
It is not uncommon for public agencies to contract with another organization or company to provide temporary services to cover for vacant positions. A recent decision issued by the CalPERS Board of Administration (the “Fuller” Decision) illustrates why public employers should be careful about
California Supreme Court Holds That Air Time is Not a Vested Right, Passes on Reexamining “California Rule”
This Special Bulletin was authored by Frances Rogers & Amit Katzir.
The California Supreme Court issued a long-awaited decision in Cal Fire Local 2881 v. CalPERS, a case addressing whether the Legislature’s elimination of “air time” as an optional benefit for members of CalPERS unconstitutionally impaired a vested contractual right. Holding that the
It’s a New Fiscal Year – Time to Reset Your CalPERS Stopwatch
This post was authored by Matthew Nakano.
As public agencies near the end of the first quarter of the new fiscal year, now is the ideal time for California Public Employees’ Retirement System (CalPERS) agencies to verify that hours worked are being tracked for certain types of employees. The consequences for failing to accurately
Deadline For Reporting Out-of-Class Appointments to CalPERS Is Fast Approaching: Are You Ready?
The post was authored by Stephanie Lowe.
CalPERS agencies must report the number of hours worked by employees in “out-of-class appointments” to CalPERS no later than July 30, 2018. As discussed in our earlier blog, Assembly Bill 1487 went into effect January 1, 2018 adding Government Code section 20480 to the Public Employees’
CalPERS Issues Circular Letter Regarding Employer Obligations for Out-of-Class Appointments, But Many Questions Remain
This post was authored by Michael Youril.
On April 27, 2018, the California Public Employees’ Retirement System (“CalPERS”) issued Circular Letter No.: 200-021-18, which discusses limitations imposed on “out-of-class appointments” by Assembly Bill 1487, which added Government Code section 20480. The Circular Letter also provides direction to employers for reporting hours for out-of-class
CalPERS Reduces Amortization Period with Impacts to Employer Contribution Rates
This post was authored by Stephanie J. Lowe and Frances Rogers.
The California Public Employees’ Retirement System (CalPERS) recently decided to change its Actuarial Amortization Policy (“Amortization Policy”), which will impact employer contribution rates for contracting agencies. The revised Amortization Policy will go into effect for public agencies in the 2021-2022 fiscal year, which