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Air Time is Not a Constitutionally Protected Pension Benefit

Posted On: March 4, 2019

Today, the California Supreme Court issued its long-awaited decision in CAL FIRE, Local 2881 v. CalPERS. The decision is 48 pages in length and offers much for further analysis.

The main takeaways, for now, however, are:

• The Court ruled against Local 2881, finding that “the opportunity to purchase [additional retirement service credit] was not a right protected by the contract clause.”

• Having made this initial finding, the Supreme Court concluded: “we have no occasion to address the second issue raised by the parties: whether the elimination of the opportunity to purchase ARS credit was an unconstitutional impairment of public employees’ vested rights.”

Stand by for additional analysis of the ruling.

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

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