Today, the California Supreme Court set oral argument in CAL FIRE Local 2881 v. California Public Employees' Retirement System for December 5, 2018.  Argument will take place in Los Angeles.  The case is the first of 5 public employee pension cases currently under review by the Court to be set for oral argument.

As well as extensive briefing by the parties, 14 groups filed amicus briefs: 6 in support of the Union, 6 in support of the State, and 2 supporting neither side. Copies of all the briefs are available at our website.

The State, through the arguments of the Governor's Legal Affairs Secretary, is asking the Supreme Court to radically revise the longstanding constitutional protections that the Court has offered to public employee benefits since the 1950s -- a body of law known as the "California Rule."  The case is being keenly followed not just in California but also in other states, many of which follow the California Rule or a derivative of it.

If you have any questions about this alert, please contact Gregg Adam or Gary Messing.