A Critical View Of Calif. Vested Rights Law

Law360, New York (September 16, 2016, 12:37 PM EDT) -- Ashley K. Dunning

Michael V. Toumanoff On Aug. 17, 2016, Division Two of the First District Court of Appeal issued a unanimous published decision in MAPE et al. v. MarinCERA, et al. (Aug.17, 2016, A139610) upholding the constitutionality of certain aspects of the Legislature’s Public Employees’ Pension Reform Act of 2013 (PEPRA) that apply to legacy, as opposed to new, members of California’s 20-county retirement systems that operate under the County Employees Retirement Law of 1937 (CERL).

Specifically, the court held that prospective exclusions of standby type payments and in-kind conversions from retirement allowance calculations were constitutional both on their face...

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