California Court of Appeal Issues A Contrary Decision Addressing “Vested Rights” of Public Employees in the Aftermath of PEPRA: Where Will the Supreme Court Land?

This post was authored by Frances Rogers and Brett A. Overby A California Court of Appeal recently issued a decision with implications that can affect all public employers in California and in contrast to a decision by another Court of Appeal just over a year ago.  The decision issued in Alameda County Deputy Sheriff’s Assn. v. Alameda County Employees’ Retirement Assn. on January 8, 2018 addressed the issue of whether pension systems governed by the County Employees Retirement Law of 1937 (CERL) can apply changes to compensation earnable under the Public Employee Pension Reform Act of 2013 (PEPRA) for employees hired before PEPRA’s January 1, 2013 effective date.  In addition, the Court addressed the Constitutional protections afforded, and the limits of, “vested rights” to immutable pension benefits.  CERL and CalPERS employers take notice. Public Employee Pension Reform Act of 2013 Governor Jerry Brown signed PEPRA (AB 197)…

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