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
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
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
9/28/2020
/ CA Supreme Court ,
Constitutional Challenges ,
Contracts Clause ,
Estoppel ,
Felons ,
Forfeiture ,
Forfeiture Statutes ,
Pensions ,
Public Employees ,
Public Employees’ Pension Reform Act of 2013 (PEPRA) ,
Retirement Plan ,
State Constitutions
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
8/4/2020
/ CA Supreme Court ,
Compensation & Benefits ,
Deferred Compensation ,
Employee Benefits ,
Equitable Estoppel ,
Pensions ,
Public Employees ,
Public Employees’ Pension Reform Act of 2013 (PEPRA) ,
Public Pension ,
Retirement Plan ,
Settlement Agreements ,
State Constitutions
On April 15, 2020, the California Supreme Court scheduled oral argument in the much-anticipated California Supreme Court public retirement case, Alameda County Deputy Sheriff's Association, et al. v. Alameda County Employees'...more
On December 12, 2019, the California Court of Appeal for the First Appellate District handed down a unanimous decision in Luke v. County of Sonoma, Sonoma County Employees’ Retirement Association, et al., affirming the...more
12/17/2019
/ Appeals ,
CalSTRS ,
Compensation & Benefits ,
Employee Benefits ,
Pensions ,
Public Employees ,
Public Pension ,
Retirement Plan ,
State and Local Government ,
Statute of Limitations ,
Time-Barred Claims
In a much awaited announcement, on November 8, 2018, the California Supreme Court scheduled oral argument in CalFire Local 2881, et al. v. CalPERS, et al., which is the first of the five pending vested rights cases that are...more
11/12/2018
/ CA Supreme Court ,
CalPERS ,
Compensation & Benefits ,
Employee Benefits ,
Litigation Strategies ,
Oral Argument ,
Pensions ,
Public Employees ,
Public Pension ,
Retirement Plan ,
State and Local Government ,
Vested Rights Doctrine
In the latest state appellate decision addressing the constitutionality of the California Public Employees’ Pension Reform Act of 2013 (“PEPRA”) and other recent pension reform legislation, Division One of the First District...more
3/28/2018
/ Appeals ,
Compensation & Benefits ,
Constitutional Challenges ,
Employee Benefits ,
Estoppel ,
Judges ,
Pensions ,
Popular ,
Public Employees ,
Public Employees’ Pension Reform Act of 2013 (PEPRA) ,
Public Pension ,
Retirement Plan ,
State and Local Government ,
Vested Benefits
Due process-based claims have taken center stage in several claims against some California public retirement systems of late. A recent ruling by the Superior Court for the County of Marin, however, held that the Board of...more
In a major development impacting all public entities subject to the California Public Records Act (Gov. Code § 6250 et seq., hereafter “CPRA”), on March 2, 2017, the California Supreme Court unanimously held that public...more
In a victory for the San Bernardino County Employees’ Retirement Association (“SBCERA”) and the nineteen other county retirement systems administered under the County Employees Retirement Law of 1937 (Gov. Code, § 31450 et...more
On December 20, 2016, the California Court of Appeal struck another blow to a legal challenge brought against an employer who changed its pension policies in the wake of the Public Employees’ Pension Reform Act of 2013...more
On Aug. 17, 2016, Division Two of the First District Court of Appeal issued a unanimous published decision in MAPE et al. v. MarinCERA, et al. (Aug.17, 2016, A139610) upholding the constitutionality of certain aspects of the...more
On August 17, 2016, Division Two of the First District Court of Appeal issued a unanimous published decision in MAPE et al. v. MCERA, et al. (August 17, 2016, A139610) ___ Cal.App. 4th ___, ___ Cal.Rptr.3d___ [2016 WL...more
In a March 27, 2015 opinion, the First District Court of Appeal unanimously declared a voter-approved amendment to the Charter of the City and County of San Francisco (City) to be unconstitutional as applied to current City...more
Much has been made of the recent Court of Appeal decision resolving a challenge to the Public Employees' Pension Reform Act of 2013 (PEPRA), Deputy Sheriffs' Assn. of San Diego County v. County of San Diego (Jan. 22, 2015,...more