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
Retirement
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…
Public Education Agencies, Take Heed! If You’re Not Paying Attention to SB 278 and AB 1667, You Could Be On the Hook for Repaying CalPERS or CalSTRS A Lot of Money
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. …
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…
Do You Have Seasonal Workers? What To Know About Health & Retirement Benefit Obligations
This article was reviewed in July 2021 and is up-to-date.
As the summer season winds down, so do public agency departments that hire seasonal workers to staff summer camps, pools, extended park and recreation hours, and a myriad of season-specific facilities and activities. But, just how do seasonal workers impact the agency’s health and retirement…
CalPERS Requirements Public Agencies Should Know Heading into the New Fiscal Year
As public agencies head into the end of the 2020-2021 fiscal year and prepare for the 2021-2022 fiscal year, it is the perfect time of year for agencies that contract with the California Public Employees’ Retirement System (“CalPERS”) to refresh their knowledge about upcoming deadlines and requirements. Below are the key CalPERS deadlines and requirements…
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…
California Supreme Court May Soon Decide the Fate Of The “California Rule”
The California Supreme Court will soon schedule oral argument in controversial cases involving legislative pension reform impacting the pension benefits of state and local government employees. By the close of 2020, the Supreme Court will issue a decision that may very well strike at the heart of the so-called “California Rule.”
For nearly 60 years,…
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…