On December 10, 2013, Judge Flinn, Contra Costa County Superior Court, conducted a hearing on the claims made by the Deputy Sheriffs’ Association and other representatives of active and deferred ACERA members who are challenging the application of AB 197 (part of the Public Employees’ Pension Reform Act) to those members.
As our members will recall, Judge Flinn issued a preliminary decision in November, stating his determination:
In December 2012, employee groups filed suit over ACERA’s implementation of the 2012 California Public Employees’ Pension Reform Act (AB 197), and the parties agreed to a stay on the implementation. On November 8, 2013, the Honorable Judge Flinn, Contra Costa County Superior Court issued his preliminary determination in the first phase of the lawsuit. There remain many questions, and many issues left to resolve in the next hearing to be held on December 10, 2013, but ACERA is reporting on the initial determination here to keep members informed:
Members in retired status, as well as survivors of ACERA members, will receive their 1099s during January 2014. IRS Form 1099 is how ACERA reports retirement income. Members should use their 1099s to file their 2013 income taxes.
Prior to 2014, ACERA allowed members to purchase service credit through pre-tax payroll deductions for certain ineligible employment with our participating employers, as well as redeposit their contributions from prior memberships. For years, the IRS approved pre-tax service credit purchases through payroll deductions based upon the pre-tax provisions in Internal Revenue Code (section 414(h)(2)).
UPDATE:ACERA has posted additional information pertaining to this news topic here: Employer Pay Codes. Updated pay codes lists can found there as well, the hyperlinks to the pay code lists below have been disabled.
ACERA’s implementation of one of the new state pension reform laws will be delayed until a lawsuit filed against ACERA is resolved. This applies to all active members (current employees) and deferred members, and applies to all proposed changes regarding salary that were to be enacted on January 1, 2013. The new effective date for the law will be determined by the court. For more information, read ACERA’s Notice of Delay in Implementing Assembly Bill 197.
The reforms proposed in Assembly Bill 340 (AB340) this summer (as previously reported by ACERA) were amended in September and then withdrawn entirely when the California State Legislature opted to convene a Joint Legislative Conference Committee on Public Employee Pensions in late October. The Committee, co-chaired by State Senator Gloria Negrete McLeod (D-Montclair) and South Bay Assemblyman Warren Furutani (also a Democrat), will hold its next public hearing on December 1 in Sacramento.