The audio from partner attorney
David E. Mastagni’s oral argument is now available to listen—and it accompanies
a major development for California’s public safety employees. In Ventura
County Professional Firefighters’ Association v. Ventura County Employees’
Retirement Association, the Court of Appeal ruled the Public Employees’
Pension Reform Act (PEPRA) does not impose a categorial ban on counting standby
pay as pensionable compensation under the County Employees Retirement Law
(CERL).
Although the court ultimately upheld
Ventura County Employees’ Retirement Association’s exclusion of standby pay in
this particular case, the opinion delivers an important clarification: standby
or on-call pay can be pensionable if it is part of an employee’s regular,
non-discretionary schedule.
For a more
detailed analysis of the case, please refer to our full blog post here.