Court of Appeal: Firefighter's Standby Pay Not Pensionable

In City of Pleasanton v. CalPERS (Nov. 29, 2012) 2012 WL 5984074, the Court of Appeal ruled "Standby Pay" does not count toward pension benefits.  The firefighter at the center of the case worked a 40-hour workweek.  However, he received 7.5% "Standby Pay" for being on call. At issue in the case was whether that 7.5% "Standby Pay" counts as pensionable earnings for his CalPERS retirement. The Fourth District found the "Standby Pay" was not pensionable because it was for services rendered outside of his normal working hours.  The Court said the payments could not be construed as holiday pay, shift differential pay, training premium pay, management incentive pay or off-salary-schedule pay because the 7.5% “Standby Pay” did not meet any of the definitions contained in CalPERS Regulation 571.  

Riordan Pulls the Plug on Plan to Gut LA Pensions

Former Los Angeles mayor and Republican gubernatorial candidate Richard Riordan announced today he would no longer try to qualify a local initiative for the ballot on Los Angeles to gut public employees' pensions.  Riordan's plan called for replacing the defined benefits pension most public employees have where employees earn credit for each year they work with a defined contribution plan where retirees would get an unpredictable about of money depending on the stock market and other investments.

The plan was widely criticized by labor groups.  The Los Angeles Police Protective League revealed Riordan never conducted a study on whether the plan saved the city money and that it could actually cost much more in the immediate future.  Other labor groups cited the changing public opinion on pensions since Governor Brown's statewide pension reform package passed in August.  Riordan pulled his plan today acknowledging he would be unable to gather enough signatures to put it on the ballot.

Mastagni Law App Puts POBR and FFBOR on Your Mobile Device

Mastagni Law is rolling out the new Mastagni Law App.  The free app is available for Apple and Android devices.  The Mastagni Law App provides first responders and private citizens with helpful resources and emergency tools to assist with on-the-job injuries and life-changing events.  The app features easy-to-use resources on the Peace Officers' Bill of Rights and Firefighters' Bill of Rights.  Other features include:

• Accident Log to record pertinent information at the scene of a vehicle accident
• Ability to capture photos of accident scene and vehicle damage
• Medical Log in the event you are injured, an automated calendar will keep track of your doctor appointments, dates and allows for notes on medical recommendations
• 24-Hour access to call our attorneys to report a Critical Incident
• Exposure Report to submit to our attorneys in the event you have been exposed to a potentially hazardous element
• Helpful resources on Contract Negotiation

Stockton Voters Throw Mayor Out of Office in Landslide, Elect Pro-Public Safety Candidate

After years of cuts to police and rising crime, Stockton voters held the politicians accountable Tuesday.  Stockton voters overwhelmingly rejected mayor Ann Johnston's cuts to public safety, throwing the incumbent out of office in a landslide 58% to 42% vote.  Public safety was the central issue in the campaign.  Johnston attacked the Stockton Police Officers' Association in a flyer celebrating the way police officers' and firefighters' benefits were "slashed" and "axed" under her watch.  Mayor-elect Anthony Silva, on the other hand, campaigned on a promise to raise revenue and hire 200 more police officers, saying voters "want more police on our streets, they're saying we want our neighborhoods to be safe."

Voters Reject Prop 32

California voters overwhelmingly rejected Proposition 32, which would have restricted unions' access to payroll deductions for political activity.  Prop 32, widely known as the Special Exemptions Act, was the latest in a series of attacks on unions nationwide.  Public safety labor groups lead the charge in opposition to the proposition.