News & Analysis as of

Employee Benefits California Public Employees Retirement System

Nossaman LLP

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

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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

Nossaman LLP

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

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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

Allen Matkins

Godot Is Still Waiting . . .

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Last month, the Securities and Exchange Commission announced that it was proposing a new rule under the Exchange Act.  In an accompanying "fact sheet", the SEC said that it was doing so "to increase transparency and...more

Best Best & Krieger LLP

CalPERS Contracting Agencies Face New World of Liability Woes

SB 278 Imposes Increased Statutory Liability for CalPERS Reporting Errors - SB 278 was signed into law on Sept. 27, adding Government Code section 20164.5. Section 20164.5 imposes new liability on employers when CalPERS...more

Best Best & Krieger LLP

California Supreme Court Finds Modifications to CERL Constitutional, But Leaves “California Rule” Intact

Modifications Are Permissible Under the California Rule - In a unanimous decision, the California Supreme Court held that changes made to the County Employees’ Retirement Law, known as CERL, by pension reform measures...more

Allen Matkins

The Cost Of Justice In Nevada

Allen Matkins on

In February, I penned this post about some of Nevada's historic rural courthouses.  Recently, I visited Goldfield, Nevada.  Although Goldfield is the county seat of Esmeralda County, it has no gas station and no supermarket. ...more

Allen Matkins

Audit Report Discloses Sharp Increase In Personal Trading Violations At CalPERS

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The California Public Employees Retirement System (aka CalPERS) is the largest defined-benefit public pension in the United States.  It is governed by a Board of Administration that consists of 13 members who are elected,...more

Best Best & Krieger LLP

COVID-19 Pandemic May Force Some Cities to Reset Employee Benefits

As the harsh realities of the coronavirus pandemic, along with its widespread impact on all aspects of daily life, continue to shock and numb us all, many cities have already been identified as “high risk” from a financial...more

Best Best & Krieger LLP

Take Care When Cost-Sharing Under CalPERS

With overall required contribution rates increasing at an alarming rate, most CalPERS employers – particularly those with significant “classic” safety populations – are looking for help to pay for these obligations....more

Best Best & Krieger LLP

A 457(b) Plan Distribution Depends on Which 457(b) Plan You’re In

With very few exceptions, the rules governing governmental 457(b) plans require a “severance of employment” to occur before a distribution can be made. Recently, we came across yet another of those arcane, little-known rules...more

Best Best & Krieger LLP

When a Section 115 Pension Stabilization Trust is “Too Good To Be True”

To prepare for and manage significantly increased CalPERS employer contribution rates in the coming years, California public agencies approved the establishment and funding of so-called “pension rate stabilization trusts.” ...more

Best Best & Krieger LLP

CalPERS Board Decision on Contract Workers Will Not Become Precedential. Now What? - Contract Workers May Still Be Reclassified as...

The CalPERS Board of Administration will not consider whether to establish the Tracy Fuller decision as a CalPERS precedent, we have confirmed. While the decision to not pursue Fuller as a precedential decision is welcome...more

Best Best & Krieger LLP

California Supreme Court Rules in Cal Fire Case – Round One Goes to the Legislature, But It Ain’t Over

The California Supreme Court recently issued its decision in the Cal Fire Local 2881 v. CalPERS case – the first of six so-called “California Rule” (“Vested Pension Rights”) cases pending before the Court. The California...more

Best Best & Krieger LLP

California Supreme Court Decides Cal Fire Narrowly - Option to Purchase Airtime is Not a Vested Right

As expected, the California Supreme Court affirmed the appellate court’s holding in Cal Fire Local 2881 v. California Public Employees’ Retirement System et al., concluding that the plaintiffs did not have a vested right to...more

Nossaman LLP

California Supreme Court Announces Date for Oral Argument in the First of Its Five Pending Vested Rights Cases

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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

Best Best & Krieger LLP

CalPERS Employers Dodge A Bullet - SB 1124 Would Have Imposed Statutory Liability For Errors In Calpers Reporting

Gov. Jerry Brown vetoed legislation that would have imposed significant liability on CalPERS employers for errors in their CalPERS reporting which result in post-retirement pension reductions....more

Best Best & Krieger LLP

70 Years of Pension Precedent Could Soon Be Weakened by the California Supreme Court - Isabel Safie Provides Insight Into Lawsuits...

It’s a big litigation year for California pensions. The California Supreme Court ruled last month that San Diego’s landmark pension cutback legislation, Proposition B, was illegally placed on the 2012 ballot because city...more

Best Best & Krieger LLP

The Anticipated Demise of the Vested-Rights Doctrine - Cases Before State’s High Court Could Mean Big Changes for Retirement...

California’s cities are in crisis mode. With pension costs outpacing revenue growth and severely underfunded retirement systems (the California Public Employee Retirement System is only 68 percent funded), local...more

Best Best & Krieger LLP

Gov. Brown’s Executive Order Suspends Certain Retired Annuitant Employment Requirements - Modifications Needed for Disaster...

To ensure adequate staffing levels while responding to recent natural disasters in California, the California Public Employees’ Retirement System has modified the 960-hour limitation related to retired annuitants employed in...more

Best Best & Krieger LLP

CalPERS Employers are Now Subject to Two New Penalties - New Laws Change Out-of-Class Appointments Requirements and Impose New...

Two new California laws could result in costly fines to public agency employers who fail to adhere to the specified requirements. Assembly Bills 1487 and 1309 both went into effect Jan. 1....more

Best Best & Krieger LLP

Settlement Reached with CalPERS on Behalf of Truckee BB&K Represented Town in Negotiations

Following a CalPERS audit of the Town of Truckee, Calif. about three years ago, CalPERS determined that merit pay was not PERSable because it was only offered to employees who had reached the maximum on their salary ranges....more

Best Best & Krieger LLP

BB&K's Isabel Safie Discusses the Implications of IRS’ Definition of Governmental Plan Status

The IRS’ proposed rules to determine governmental plan status are impacting public agencies looking to join a CalPERS benefit plan....more

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