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REVIEW GRANTED in CAL FIRE Local 2881 “Air Time” Appeal

   Published on:  13 Apr, 2017

The California Supreme Court on Wednesday granted Messing Adam & Jasmine’s Petition for Review on behalf of CAL FIRE Local 2881. The Court of Appeal decision sets up a full analysis of the entire history of public pension laws in California and the vested rights doctrine in particular. MAJ filed the Petition on February 8, 2017, following the First District Court of Appeal’s December 20, 2016 decision rejecting the challenge by CAL FIRE Local 2881 to the Legislature’s elimination of the right of state and local government employees to purchase additional service credits – known as air time – as contained in former Government Code section 20909. Section 20909 was enacted in 2004 and permitted state and local employees with at least five years of service to purchase up to five years of additional service credits in annual increments. (See CAL FIRE Local 2881, et al. v. CalPERS (State of California), California Supreme Court, Case No. S239958.)

Review is called for in this case, and MAJ is gratified the Supreme Court has agreed to consider another decision that tears away at the fabric of the vested pension rights California employees have counted on for decades.

For more information about the underlying case, please see Court of Appeal Finds No Vested Right to Purchase Additional Service Credit – Another Court of Appeal Decision Perpetuating the Marin Pension Case in the March 2017 issue of The Labor Beat.

If you have any questions about this alert, please contact Gary Messing at 916.446.5297 or gary@majlabor.com.