Sheepdogs, Safety Pensions, and the California Supreme Court Weighs In
by Dawn Morabe
On July 30, 2020, the California Supreme Court issued its long-awaited ruling on the “California Rule” in the Alameda County Deputy Sheriffs’ Association, et al. v. Alameda County Employees’ Retirement System, et al. The opinion permits the Legislature to address perceived pension abuses, even if the modification reduces some employee benefits, while upholding the requirement of the “California Rule.” Rains Lucia Stern St. Phalle & Silver, PC published a preliminary legal analysis which we have printed in this month’s Silver Star.
If you don’t know why this is important, let me begin by introducing the term “pension spiking.” While the court’s opinion in this case related to the “California Rule” is favorable for us, the court also denied the pensioners’ claims by upholding the Public Employee’s Pension Reform Act’s (PEPRA’s) anti-spiking provisions. What is pension spiking you might ask? Well for one, it is sometimes referred to as “salary spiking”. I hope this got your attention. The Court’s decision said that retirement systems, like the San Diego County Employees Retirement Association (SDCERA), did not and do not have the authority to use certain pay items in the calculation of retirement benefits after PEPRA became law on January 1, 2013. The 90-page Court Opinion is nuanced and complicated. While the outcome is somewhat disappointing, the “California Rule” standard upheld by the Court is a win for all public employees in California. The Court explained, “Given our past decisions, we have no difficulty finding that the PEPRA amendment was enacted to maintain the integrity of the pension system.” This opinion will no doubt lead to changes in the calculation of some retirement pension benefits.
The next case in which the Court will render opinion on is the Marin Assn. of Public Employees v. Marin County Employees’ Retirement Assn. This is another case of great importance. This case before the California Supreme Court comes with lower court opinions of great interest for “Pension reformers.” In this case, the appellate court opinion included the following: “While a public employer does have a ‘vested right’ to a pension that is to a ‘reasonable’ pension – not an immutable entitlement to the most optimal formula of calculating the pension. The legislature may prior to the employee’s retirement, alter the formula, thereby reducing the anticipated pension.” I hope this also got your attention. What’s at stake? Our pension formulas, i.e. 3%, 2.7%, 2.5%. The Courts insertion of the word ‘reasonable” is deeply concerning. There is no doubt that we as public employees will continue to face harsh criticism over our pension benefits. The continued erosion to our safety pension benefits is an unsettling probability.
I can’t speak for all public employees, but I can speak for those of us in law enforcement. We are the brave women and men who are the sheepdogs in our society. We stand watch around the clock as guardians. We face danger without hesitation so that you may be safe, and we have witnessed unspeakable acts of violence against the most vulnerable in our society. We stand by the principles of justice and compassion and we tirelessly commit to our profession. Without prejudice, we uphold the laws that you our legislators and citizens enacted. The sacrifices we make for our society should be balanced equally with protections and promises. We are the endorsement you seek and the tagline you preach about when you say you stand for public safety. I will close with the words from the opening scene of the movie End of Watch.
“I am the police. And I’m here to arrest you. You’ve broken the law. I did not write the law. I may even disagree with the law. But I will enforce it. No matter how you plead, cajole, beg or attempt to stir my sympathies, nothing you do will stop me from placing you in a steel cage with grey bars. If you run away, I will chase you. If you fight me, I will fight back. If you shoot at me, I will shoot back. By law, I am unable to walk away. I’m a consequence. I am the unpaid bill. I am fate with a badge and a gun. Behind my badge is a heart like yours. I bleed. I think. I love. And yes, I can be killed. And although I’m but one man, I have thousands of brothers and sisters who are the same as me. They will lay down their lives for me. And I them. We stand watch together. A thin blue line. Protecting the prey form the predators. The good from the bad. We are the police.”
End of Watch
In honor of our tireless duty to all citizens, I ask our politicians to protect our remaining safety pension benefits. And to my brothers and sisters in our beloved profession, may you always have the power and strength to protect lives and uphold the law.