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As readers will recall from prior blogs, the recent decision of the First District Court of Appeal in Marin Association of Public Employees, et al. v. Marin County Employees’ Retirement Association, et al., California Court of Appeal, First Appellate District, Case No. A139610, threatens the very foundations of the California Rule, which steadfastly protects public employee pensions as vested contract rights that cannot be modified in a way that disadvantages employees without an offsetting comparable benefit. The First District challenges conventional wisdom on this body of law and an unbroken series of cases going back to at least 1955. The Court of Appeal does so on highly partisan political grounds touting what it alleges is a funding crises for public employee pensions.
As we have explained, the parties in the case have sought the review of the California Supreme Court (Case No. S237460), and the request is now fully briefed before that austere body of justices. Notably, whereas the Marin County Employees’ Retirement Association opposes review, the State of California agrees that review of the important issues in this case is warranted.
In addition, as of today, eighteen groups, representing hundreds of thousands, if not millions, of employees across the nation have filed amicus letters supporting review of the case. If the Supreme Court grants review, the case is shaping up as one of the most important pension decisions in recent memory. Links to the briefs of the parties are below. In addition, we will be launching soon links on our webpage to all of the briefs and amicus letters – and requests for depublication of the underlying Court of Appeal decision.
If you have any questions, please contact Gregg Adam at gregg@majlabor.com.
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