ALAMEDA DECISION INFORMATION
On July 30, 2020, the California Supreme Court issued a decision in the Alameda County Deputy Sheriffs' Association, et al. v. Alameda County Employees' Retirement Association, et al. case (commonly referred to as the Alameda decision). SJCERA is bound by the Alameda decision because it interprets the County Employees' Retirement Law, which governs SJCERA.
In the decision, the Court determined that pay for hours "in excess of your normal working hours" cannot be included in calculating retirement benefits as of January 1, 2013. Examples include Standby Pay and Correctional Briefing Pay. The Court also clarified that Boards of Retirement do not have authority to include items that are considered "in-kind" benefits under law. Examples include employer contributions paid to deferred compensation on the member's behalf.
Finally, in addition to these mandatory exclusions, the Court clarified that Boards of Retirement have discretionary authority to refine their determinations of compensation earnable and pensionable compensation. An Ad Hoc Committee of the Board of Retirement has been established to conduct an in-depth review of any earnings codes meriting further consideration. Upon conclusion of their work, the Committee will present recommendations to the full Board for consideration. It is expected that any discretionary changes that are adopted would be effective on a prospective basis only.
This web page contains updates on SJCERA's implementation of the decision and important reference documents such as the Alameda decision and Board of Retirement Resolutions. If you need additional information, please email email@example.com.
January 4, 2021 Affected Members and Timing of Returned Contributions
October 28, 2020 Alameda Decision Ad Hoc Committee
October 15, 2020 Excluded Pay Types
October 15, 2020 Alameda Implementation Resolution
October 15, 2020 Compensation Earnable and Pensionable Compensation Resolution
July 30, 2020 Alameda Decision