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Vested Rights Doctrine Retirement Plan

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

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

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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

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

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California Court Of Appeal Rejects Constitutional Challenges To New Felony Forfeiture Statute

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The evolution of vested rights jurisprudence in California is far from over, with the Second District Court of Appeal (“DCA”) stepping into the fray with its June 19, 2018 decision, Hipsher v. Los Angeles County Employees...more

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California Supreme Court Gears Up for Showdown Over the Scope of Vested Public Pension Rights

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In the latest twist in California’s pending vested rights litigation, parties on all sides of Alameda County Deputy Sheriff’s Assn. et al v. Alameda County Employees’ Retirement Assn., et al. (2018) 19 Cal.App.5th 61...more

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What’s Next After First District Court of Appeals’ Vested Rights Decision in MAPE v. MarinCERA?

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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

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First District Court of Appeal Weighs in on the Law of Vested Rights in California

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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

Best Best & Krieger LLP

Court's Tentative Decision on San Jose's Pension Reform Measure Appears to Favor City

However, the Vested Rights Doctrine Proves Fatal to Core Pension Reform Measures - A tentative decision on the legal challenges to the City of San Jose’s pension reform measure, Measure B, was released late last month....more

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