Building on the Supreme Court’s 2020 Vested Rights Opinion, the First District Court of Appeal Further Expands the Rationale For Modifying Pension Benefits

Wilmot demonstrates that the analytical framework provided by the Supreme Court has applications far beyond the “pension spiking” addressed in that case, and potentially provides a basis to uphold other types of pension reform directed at system loopholes or abuses.

2021-03-08T07:55:20-08:00February 26th, 2021|

Alameda County Deputy Sheriff’s Assn. v. Alameda County Employees’ Retirement Assn.: The California Supreme Court Limits the Scope of the So-Called California Rule Governing Vested Pension Rights But Remains Cagey On When The Rule Will Apply In the Future

On July 30, 2020, the California Supreme Court limited the California Rule in a variety of helpful ways, but ultimately found that the case did not present an opportunity to “revisit” the California Rule itself. We could be waiting a long time for a case that brings further clarity about the continuing vitality and scope of the California Rule.

2020-08-06T18:47:25-07:00August 6th, 2020|

An Unholy Mess: Recent Cases Confirm the Legislature, Courts and CalPERS Have Derailed the Public Agency Employee/ Contractor Distinction

The combination of recent court cases, legislation and pressure from CalPERS have all but destroyed venerable rules preventing "ghost" employees by increasingly modeling public employment rules on private sector rules.

2019-08-16T08:32:10-07:00August 8th, 2019|
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