On March 15, 2021, the OCERS Board of Retirement took steps related to the implementation of the “Alameda” case (Alameda County Deputy Sheriffs Association et al v. Alameda County Employees Retirement Association and Board of Retirement of ACERA (S247095)).

The Board of Retirement approved a test and definition of normal working hours for the purposes of determining whether certain items of pay can be included in compensation earnable under the terms of the plan.

Additionally, the Board directed that updated policies and procedures be reviewed by OCERS’ Governance Committee on March 19, 2021.

At its regular meeting on April 19, 2021, the Board determined it would continue to evaluate a list of certain pay items to be modified from “pensionable” to “non-pensionable” and will bring the item back for consideration at its regular meeting to be held at 9:30 a.m. on Monday, May 17, 2021.

It is important to note that OCERS must follow decisions made by California courts and lawmakers as it relates to legal findings that impact benefits. Specifically, the Supreme Court decision said that PEPRA amounted to a change in the law with respect to the pay items that may be included in the calculation of retirement benefits on and after January 1, 2013; and further, that retirement systems like OCERS have no authority or discretion to calculate pension benefits in a manner inconsistent with the CERL, as amended by PEPRA.

Supreme Court Decision on Alameda Case