The state's position is part of its response to the November 2012 lawsuit filed by public employee unions challenging the pension reform legislation.
Costa, Alameda, Merced and Marin counties permitted workers to accumulate in excess of what they would earn in either a single year or a three year average of unused vacation, holiday and sick leave, convert the value to cash at the time of retirement and boost their monthly pension check. Contra Costa banned the practice for all new hires starting on Jan. 1, 2011.
"I'm going to work seven days a week on this case," Flinn said. "I wanted to be finished (last) April, and it's October. I don't want people to have to keep standing on one foot and then on the other like they have to go potty."
"It's been a moving target," Leiderman said.
the agency and each union. Contra Costa County, which is more than 80 percent of the retirement system's rolls, has 15 employee unions.
Flinn stayed the new pension law pending the outcome of the lawsuit.
Flinn gave few clues during his questioning as to how he will rule but put the dozens of attorneys on notice that he wants to finish the high profile case by mid December. The separate Alameda, Contra Costa and Merced lawsuits were consolidated into his courtroom. The Marin County case is proceeding on its own, but it could wind up joining the other three cases on appeal.
Landmark legal challenge to Bay Area county's pension reform gets day in court
Other member agencies include the San Ramon, Moraga Orinda and East Contra Costa fire districts and Contra Costa Superior Court.
Not every current public employee is eligible for terminal pay.
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Analysts put the value of terminal pay in Contra Costa County at a range of $4 to $24 in additional income out of every $100 in final average wage, one of three factors used to calculate workers' retirement benefit amount. The most generous amount goes to those who retire from the Central Contra Costa Sanitary District, according to the association's 2011 actuarial valuation.
MARTINEZ In a potentially landmark legal challenge to Gov. Jerry Brown's 2012 pension reform legislation that has financial implications for thousands of public employees and taxpayers, state attorneys Thursday said county retirement systems had illegally included vacation and other types of terminal pay in their members' pension calculations for nearly 15 years.
If Flinn ultimately sides with the state, thousands of not yet retired or "legacy" public employees could lose up to a quarter of their future monthly pension payments, depending on their labor contracts. The court's decision will have no direct impact on the paychecks of people who have already retired.
Intended as an anti spiking measure, Brown's pension reform law specifically prohibited for all public workers who retire on or after Jan. 1, 2013, the inclusion of certain types of pay that exceeded what was earned and payable during the agreed upon calculation period typically the highest income Air Force 1 Nike White High Tops year or the highest three year average.
pensions has been in effect since 1937.
Association lawyer Harvey Leiderman rejected the state's position during oral arguments. He said that decades of shifting California pension law has forced association boards to litigate and reach settlements in numerous disputed areas for which the state never previously registered any objections.
The agreed upon pension formula is a vested right that courts have long upheld as inviolable once given, labor attorney Peter Saltzman wrote in court briefs. But state lawyers say an illegal benefit cannot be vested.
For vested employees, the perk varies depending on labor contracts negotiated between Nike Air Force 1 Low White With Joggers
Despite the Ventura County court decision and settlements between public agencies, retirement associations and unions, the practice of adding into retirement formulas unused vacation and other extras referred to as terminal pay in excess of what a worker would typically earn in a single year "was never allowed in state law," deputy attorney general Anthony O'Brien told the court. The law that governs county based Nike Air Force Green Suede
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