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California Supreme Court Grants Review of First Post-Alameda Decision on Compensation Earnable Restrictions — Amicus Curiae Briefs...

In surprising news for the California county retirement system community, on April 17, 2024, the California Supreme Court granted review of Ventura County Employees’ Retirement Ass’n v. Criminal Justice Attorney’s Ass’n of...more

Court of Appeal Ends Decade-Long Dispute and Upholds Board’s Fiduciary Decisions Regarding Funding of Retirement System

On March 27, 2024, after nearly a decade of dispute and five years of litigation, the First District Court of Appeal unanimously rejected all claims that a participating employer brought against the Alameda County Employees’...more

Public Officials and Social Media Posts: U.S. Supreme Court Provides Guidance on First Amendment Compliance

In its recent opinions in Linke v. Freed and O’Connor-Ratcliff v. Garnier, the U.S. Supreme Court considered if and when public officials violate the First Amendment rights of members of the public by blocking them from the...more

UPDATE: Retirement Board’s Limits on Inclusion of “Straddled” Leave Cashouts in Retirement Allowance Determinations Affirmed by...

UPDATE: On January 18, 2024, the Second DCA responded to requests for publication of its decision discussed in our last eAlert on this topic (below) and certified the decision for publication. This is an important next step...more

Retirement Board’s Limits on Inclusion of “Straddled” Leave Cashouts in Retirement Allowance Determinations Affirmed by Second DCA

On January 4, 2024, the Second District Court of Appeal, Division 6, unanimously rejected the first lawsuit challenging a county retirement board’s implementation of the California Supreme Court’s Alameda decision (VCERA v....more

Podcast: Cybersecurity Risk Management for Pension Plan Administrators: Tips for Staying Ahead of the Hackers

With recent well-publicized data breaches impacting pension systems and their retirees nationally, as well as increased Department of Labor scrutiny surrounding cybersecurity policies and procedures implemented by ERISA...more

Felony Forfeitures Statutes Tested Again: A Tale of Two States’ Pension Reform Statutes–One Forfeiture Survives and One Does Not

The constitutionality of California’s felony forfeiture statute, as applied by the Board of Administration of the California Public Employees’ Retirement System (CalPERS), survived yet another challenge in September 2023,...more

Federal Court Rejects States’ Challenge to DOL’s ESG Investing Rule

On September 21, 2023, a federal judge in Texas granted summary judgment in, and thus dismissed, a lawsuit filed by the Attorneys General of 25 states and other interested parties challenging a final rule issued by the U.S....more

SEC Adopts New Rules to Better Protect Institutional Investors in Private Funds

On August 23, 2023, the U.S. Securities and Exchange Commission (SEC) voted 3-2 to approve 660 pages of new rules and amendments modifying the Investment Advisers Act of 1940 (Advisers Act). The new rules represent some of...more

Podcast: Secure 2.0 Brings Big Change to Retirement Plans

Congress recently passed the SECURE 2.0 Act of 2022. Building on the Setting Every Community Up for Retirement Enhancement Act of 2019, SECURE 2.0 attempts to expand retirement plan coverage and increase retirement savings...more

Podcast: What Public Retirement Systems Need to Know Now About Changes to Actuarial Standard of Practice No. 4

On February 15, 2023, changes to Actuarial Standard of Practice (ASOP) No. 4 will be effective, and defined benefit plans will need to comply with these new rules in all actuarial funding valuations with measurement dates...more

Untangling the Web of County Employees Retirement Law Rules on Disability Retirement and Reciprocity

On January 30, 2023, the Fourth District Court of Appeal clarified which sorts of retirement benefit payments do and do not count as a “disability allowance” within the context of the reciprocity rules of the County Employees...more

Back to the Boardroom: California Local Agency Teleconferencing Rules for 2023 and Beyond

With Governor Newsom’s announcement that the COVID-19 State of Emergency will be lifted in California effective February 28, 2023, many local public agencies are considering their next steps for returning to their boardrooms...more

U.S. Supreme Court Upholds Power of Elected Boards to Censure Their Own Members

After years of recriminations and acrimony between members of the Board of Trustees for the Houston Community College System (“System”), the Board censured one of its members for “reprehensible” conduct–including speech–“not...more

Fifth DCA Affirms Trial Court Ruling in Favor of County Retirement System and Rejects Fiduciary Breach Allegations

On November 8, 2021, a decade-plus court battle concerning whether a public pension system and its board of retirement violated their fiduciary duties when making certain actuarial and reserving decisions following the Great...more

Podcast: Managing IP, Data and Privacy Risks of Pension Administration Systems

Ransomware and other cybersecurity attacks have made national headlines during the past 12 months, and public pension systems are as susceptible to these attacks as any other organization. In this episode of Public Pensions &...more

Everything Local Public Agencies Need to Know About California’s New Rules on Virtual Meetings During the Pandemic

On September 16, 2021, Governor Newsom signed Assembly Bill 361 (2021-2022) (“AB 361”), which incorporated into California state law some aspects of the teleconferencing rules that have applied by Executive Order to local...more

Podcast: Getting the Most Out of Your Public Pension Plan Insurance Coverage

All public pension plans need a well-crafted fiduciary liability insurance policy. This should include ample coverage, including protection against the risk of impending litigation. The recent ruling by the U.S. Court of...more

Two Out of Two: Another Appellate Court Upholds Constitutionality of California’s Felony Forfeiture Statute

On February 5, 2021, a second court of appeal in California upheld the constitutionality of the felony forfeiture statute enacted as part of the Public Employees’ Pension Reform Act of 2013 (PEPRA) in Wilmot v. Contra Costa...more

Second Appellate District of California Court of Appeal Upholds Constitutionality of Felony Forfeiture Statute

As the public pension community in California is well aware, on July 30, 2020, the California Supreme Court issued its landmark decision on vested rights and the constitutionality of legislative changes to public retirement...more

California Courts Continue to Address Vested Rights Lawsuits

On November 24, 2020, the California Supreme Court denied two requests for depublication of the First Appellate District’s decision Marin Assn. of Public Employees v. Marin County Employees’ Retirement Assn. (2016) 2...more

California Supreme Court Issues Orders in Four Remaining Cases Challenging Legality of PEPRA

On September 23, 2020, the California Supreme Court issued orders in each of the four cases it had accepted for review but deferred pending its resolution of Alameda County Deputy Sheriff's Association, et al. v. Alameda...more

The California Supreme Court Addresses the California Rule and Public Retirement System Governance

In a landmark decision of a unanimous court, on July 30, 2020, the California Supreme Court issued its second case in two years on the scope of the “California Rule,” Alameda County Deputy Sheriff’s Assoc. et al., v. Alameda...more

ERISA Defined Benefit Plan Members Lack Standing to Bring Fiduciary Claims

The United States Supreme Court recently reviewed the federal constitutional standing requirements for members of a private defined-benefit pension plan who alleged that the plan trustees violated their fiduciary duties. ...more

[Webinar] Legal Consequences of Shelter-in-Place Orders and Beyond for Public Pensions Systems - May 7th, 10:00 am - 11:00 am PT

Please join our Public Pensions & Investments Group for our webinar, "Legal Consequences of Shelter-in-Place Orders and Beyond for Public Pensions Systems," on May 7, 2020. As COVID-19 continues to transform the private...more

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