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The California Court of Appeal, First Appellate District which is set to hear the appeal of Petitioners in the DSA vs. ACERA – AB 197 lawsuit posted notice that it has denied the motion/request for a Stay.
This means that the Superior Court’s May 12, 2014 final judgment which ordered the stay be lifted after a 60-day period on July 12, 2014, is effective, and all members will have their retirement benefits calculated based on AB 197 as of July 12, 2014.
The Superior Court Stay that has been in effect since December 2012 is applicable to all ACERA members who first became members before January 1, 2013 and who have not yet retired. The Court’s May 12, 2014 final judgment ordered the stay be lifted after a 60-day period on July 12, 2014.
In order to comply with IRS regulations, ACERA will be requiring that safety members wait at least 90 calendar days after retiring from ACERA before returning to work for any ACERA Participating Employer. This requirement will take effect June 1, 2014, which means that any member who wishes to retire prior to this commencement of this requirement will have to return to work on or before May 31, 2014.
The court has issued a final judgment in the lawsuit seeking to stop implementation of Assembly Bill 197, part of the Public Employees’ Pension Reform Act. The final order contains a 60 day “Stay Order.” The Stay requires that ACERA continue to follow its pre-AB 197 policy on retirement calculations during the 60 day period.
Effective January 1, 2013, the Board of Retirement made a decision to eliminate the $4,250 non-vested portion of the former $5,000 Retired Member Lump Sum Death Benefit, thereby reducing the death benefit down to the $750 vested portion. In researching the accounts that the death benefit is paid out of, ACERA discovered that the Board of Retirement had adopted a section of code in 1992 approving a vested retiree death benefit of $1,000 to be funded by the SRBR as long as funds were available.
ACERA is exploring the option of providing medical care plans to early retirees (not eligible for Medicare) through a private health insurance exchange in order to control healthcare costs and offer plans in more service areas. Benefits facilitators in the exchange would help members enroll in an individual medical insurance/prescription plan and use their Monthly Medical Allowance to offset the cost of the plan if eligible.
Extend Heath, ACERA’s private health insurance exchange for Medicare-eligible members, has changed its name. It is now called OneExchange. Participants should have received a notice in the mail announcing this change. OneExchange is only a change in name, and is not specifically accompanied by other changes. You can visit OneExchange on the web at:
The lawsuit seeking to stop the implementation of Assembly Bill 197, part of the Public Employees’ Pension Reform Act, is still pending. The Court has issued a Statement of Decision following multiple hearings. Nothing is final until the Court issues a final judgment and any writs directing ACERA to take specific actions. The next hearing has been set for April 25, 2014. ACERA expects that sometime after the April 25 hearing, the writs and judgment will be finalized and entered b
Judge David Flinn has released a Statement of Decision in the DSA v. CCCERA lawsuit regarding the Public Employees Pension Reform Act (PEPRA). The Statement will be used by the parties to the lawsuit to draft the language of the final judgment/writ discussed in ACERA’s March 11 PEPRA news update. A PDF copy of the statement is attached to this page.
On Friday, March 7, 2014, Judge David Flinn, Contra Costa County Superior Court conducted a hearing to discuss the parties objections or requests for clarification of his Second Modified Combined Tentative Ruling in the DSA v. CCCERA lawsuit. The lawsuit was brought by Deputy Sheriff’s Association (DSA) and other employee groups who are opposing ACERA and other county pension funds’ implementation of AB 197, a part of the Public Employees’ Pension Reform Act (PEPRA) which was passed in California in late 2012.
In an update from ACERA’s previous posting regarding the February 11 DSA Lawsuit hearing, Judge Flinn issued a Second (Modified) Tentative Combined Decision on February 28. The full text of that decision is attached to this page. ACERA staff is seeking further clarity, and hopes to be able to provide more information to members after the upcoming hearing on March 7.
A hearing was held on February 11, 2014 before Judge Flinn in Contra Costa County Superior Court in the lawsuit known as DSA v. CCCERA. The lawsuit was brought by Deputy Sheriff’s Association (DSA) and other employee groups who are opposing ACERA and other county pension funds’ implementation of AB 197, a part of the Public Employees’ Pension Reform Act (PEPRA) which was passed in California in late 2012.
The U.S. Department of the Internal Revenue Service issued the Alameda County Employees’ Retirement Association (ACERA) a favorable tax determination letter on January 29, 2014. The favorable determination letter indicates that in the opinion of the IRS, ACERA satisfies the qualification requirements of Internal Revenue Code section 401(a) and is therefore is a qualified public retirement plan entitled to favorable tax treatment.
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On December 17, 2013, Contra Costa Superior Court Judge David Flinn, who is presiding over the lawsuit known as DSA v. CCCERA, et. al., issued a tentative combined decision in the case. The lawsuit was brought by Deputy Sheriff’s Association (DSA) and other employee groups who are opposing ACERA and other county pension funds’ implementation of AB 197, a part of the Public Employees’ Pension Reform Act (PEPRA) which was passed in California in late 2012.
The Alameda County Employees’ Retirement Association held an election for three seats on the Board of Retirement from November 20 to December 18, 2013. Votes for the Board of Retirement election were counted on Thursday, December 19, 2013 at the Registrar of Voters (ROV) office for the following seats: