California Public Safety Labor Blog: California Supreme Court Grants Review of CAL FIRE Airtime Credit Case

Thursday, April 13, 2017

California Supreme Court Grants Review of CAL FIRE Airtime Credit Case

On April 12, 2017, the California Supreme Court granted CAL FIRE Local 2881's petition for review of the First District Court of Appeal's decision on December 20, 2016 to uphold the elimination of the “airtime credit” benefit in the Public Employment Retirement Systems (“PERS”).

The most significant part of the previous decision by the Court of Appeal for the First District was the court's decision to adopt the ruling in Marin Association of Public Employees v. Marin County Employees’ Retirement Association (MAPE) regarding the authority of the Legislature to reduce retirement benefits if they do not destroy the pension. The MAPE ruling broke with a half century of precedent holding that any modification of a pension resulting in a detriment must include an offsetting advantage.

The California Supreme Court has now granted review of both the MAPE and Cal Fire rulings. This is a significant opportunity to right the ship and overturn the damage these decisions did to the California vested rights doctrine.

Our office is currently representing two law enforcement associations in separate pension-related appeals in the First Appellate District, including the Alameda Deputy Sheriff's Association. 2017 continues to be an important year for determination of pension rights.

About Mastagni Holstedt, APC

Mastagni Holstedt, APC is the premier law firm in California whose practice emphasizes representing public safety professionals and their labor associations, including criminal defense of public safety officers and 1983 actions. As a full-service law firm, we represent clients in a wide range of matters, including labor and employment law, contract negotiations, wage and hour litigation, personal injury, workers' compensation, disability retirement, Social Security disability appeals, and criminal defense.

Contributors

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.

Advisement

Mastagni Holstedt Client Advisories and case summaries are prepared for the general information of our clients and friends. The summaries of recent court opinions and other legal developments may be pertinent to you or your association. Please be aware this material is not necessarily inclusive of all the legal authority you should consider when making your decisions. Thus, while every effort has been made to ensure accuracy, you should not act on the information contained herein without seeking more specific legal advice on the application and interpretation of this information to any particular matter.