California Public Safety Labor Blog: CalPERS Takes a Stand on Vested Pension Rights

Monday, July 18, 2011

CalPERS Takes a Stand on Vested Pension Rights

On Thursday, July 14, 2011, CalPERS released a position paper on the status of pension benefits earned by public servants under the system. The paper, Vested Rights of CalPERS Members: Protecting the pension promises made to public employees, interprets sections of the Public Employment Retirement Law (PERL) CalPERS enforces and related state and federal constitutional provisions. The position paper explains CalPERS pensions are vested rights under the federal and state Contract Clauses. It also explains CalPERS' fiduciary duty to members and cautions CalPERS may take legal action "[i]n the event CalPERS questions whether changes in the PERL or other applicable law may cause an unconstitutional impairment of its members’ vested rights..."

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David E. Mastagni is a partner with Mastagni Holstedt who focuses on labor and employment law representation. He frequently lectures on POBR, FFBOR, critical incidents, and employee rights. Martindale-Hubble issued David the highest Peer Review Rating of “AV Preeminent” and was named to Super Lawyers.

Taylor Davies-Mahaffey is an Associate in the Labor & Employment Department of Mastagni Holstedt, A.P.C. She represents public safety employees in administrative and disciplinary investigations, hearings, critical incident investigations, and criminal defense matters. Prior to joining the firm, she was a deputy district attorney for Sacramento County.

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