The California Public Employees’ Retirement System (“CalPERS”) has significantly increased the number of contracting agency audits to ensure that agencies’ practices are consistent with CalPERS’ interpretation of governing law. At the same time, CalPERS has increased its vigilance in reviewing compensation reported for recent retirees. Increasingly, CalPERS has contacted agencies regarding compliance with applicable CalPERS
PERL
With Labor Negotiations Approaching, is Your Agency Ready for a CalPERS Audit?
The California Public Employees’ Retirement System (“CalPERS”) substantially increased the number of public agency audits it conducted last year. As discussed in our previous post, the audit process can be long, complex, and time-consuming. An audit can also result in significant liability or administrative headache for an agency when its reporting practices and labor…
Hiring CalPERS Retirees—Changing Rules Are Like Watching a Game of Chess
Employers who may seek to employ a CalPERS retiree to fill a particular need should keep an eye on the move-counter move strategy that is in play in Sacramento. It appears that the legislature may have taken issue with the latest CalPERS Circular Letter providing guidance to employers in determining whether or not it is …
“But Our Agreement Says They Are An Independent Contractor!” – Navigating “Employee” and “Independent Contractor” Determinations Under the Public Employees’ Retirement Law
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…
Rescission Of Pension Benefits By City Held To Be Lawful
The vested nature of public employee retirement benefits is a hot topic. On the one hand, there are municipalities dealing with increasing pension costs and unfunded liabilities. On the other hand, there are often times a vested right to future pension benefits for employees and retirees cannot be impaired except under very limited circumstances. Most…