Employer Resources

Overview

Alameda Case Update
March 18, 2021

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.

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.

It is anticipated that the OCERS team will return to the Board at the April 19, 2021 Board meeting, with a list of pay items reflecting the pensionable attributes as a result of the Board’s approved test definition of normal working hours.

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 in Alameda Case

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Appeals / Administrative Hearings

This page provides information to OCERS Members, Employers, interested parties, and their attorneys regarding the process for appealing a disability retirement decision by the OCERS Disability Committee or a non-disability benefit determination decision by OCERS staff.

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Administrative Procedures
Administrative Procedures Disclaimer

Documents on this web page are meant to provide members and others with general information regarding OCERS’ procedures. These procedures are general in nature and will not address every possible circumstance. Members are encouraged to contact OCERS to discuss specific questions arising out of their unique circumstances. These documents are not meant to be legal advice. OCERS cannot provide legal advice or assistance with drafting legal documents. Members and others who require legal or financial advice are advised to consult an appropriate professional.

Administrative Hearing Filing Procedures (OAP)

Compensation Earnable & Pensionable Compensation Analysis & Determination Procedure

Death Benefit Payments on Behalf of Children Age 18 or Older (OAP)

Disability Application Review Process (OAP)

Division of Retirement Benefits Upon Divorce (OAP)

Effective Date of Disability Retirement Allowance (OAP)

Evaluating Potential New Employers (OAP)

Felony Forfeitures (OAP)

Final Average Salary (OAP)

Military Service Credit Purchases (OAP)

Required Minimum Distributions (OAP)

Use of OCERS Mailing List (OAP)