Frances Rogers

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Frances Rogers has extensive litigation, arbitration, and administrative hearing related experience. Additionally, she provides representation and legal counsel to clients in all matters pertaining to labor, employment, and education law.

Frances is experienced in conducting and assisting with investigations pertaining to harassment, discrimination, internal affairs and other employee misconduct. Frances also advises public agencies on retirement issues, including local safety disability retirement and compliance with other state and federal employment laws.

Frances was recently selected for inclusion in Super Lawyers 2010 Northern California Rising Star in the field of Employment & Labor Law.

Latest Articles

This Special Bulletin was authored by Frances Rogers & Amit Katzir. The California Supreme Court issued a long-awaited decision in Cal Fire Local 2881 v. CalPERS, a case addressing whether the Legislature’s elimination of “air time” as an optional benefit for members of CalPERS unconstitutionally impaired a vested contractual right.  Holding that the air time benefit was not entitled to constitutional protection, the Court took a pass on reviewing a much bigger question:  Whether…
This post was authored by Frances Rogers and Brett A. Overby. Last week, the City of San Diego’s Proposition B, a 2012 voter-approved ballot measure designed to save the City’s weakening pension system, was dealt a potentially fatal blow by the California Supreme Court in Boling v. Public Employment Relations Board.  Although put to City voters through a citizen’s initiative, the Court nonetheless reasoned the City caused the changes to employee pension benefits…
This post was authored by Stephanie J. Lowe and Frances Rogers. The California Public Employees’ Retirement System (CalPERS) recently decided to change its Actuarial Amortization Policy (“Amortization Policy”), which will impact employer contribution rates for contracting agencies. The revised Amortization Policy will go into effect for public agencies in the 2021-2022 fiscal year, which will be based on the June 30, 2019 actuarial valuations.  The policy changes include: Shorter amortization periods from 30 years…
This post was authored by Frances Rogers and Brett A. Overby A California Court of Appeal recently issued a decision with implications that can affect all public employers in California and in contrast to a decision by another Court of Appeal just over a year ago.  The decision issued in Alameda County Deputy Sheriff’s Assn. v. Alameda County Employees’ Retirement Assn. on January 8, 2018 addressed the issue of whether pension systems governed by the…
The CalPERS Board of Administration recently adopted the final regulations concerning the administration of pensionable compensation for “New Members” as defined under the Public Employees’ Pension Reform Act of 2013 (PEPRA). Initially, employers should be familiar with the nomenclature that is used in reference to compensation that is reported to CalPERS. Compensation that may be reported to CalPERS is referred to as “compensation earnable” for Classic Members (i.e., members who are not New Members under…
Retirement for disability can already be a cumbersome and confusing process. The California Public Employees’ Retirement System’s (CalPERS) new and additional mandates – as set forth in its March 30, 2017 Circular Letter – raises the ante. The Letter informs all contracting public agencies of the following six requirements pertaining to the disability retirement of local safety members: Submission of a disability retirement application; An eligibility determination when a member is facing pending discipline or…
On January 19, 2017, CalPERS provided greater clarity on how contracting agency employers, and even some members, will see contribution rate increases due to a decision to reduce the assumed rate of return.  On December 20, 2016, we reported that the Board of Administration was poised to, and in fact did, reduce the assumed rate of return following a recommendation by the Finance and Administration Committee that the current assumed rate of 7.5% was…
CalPERS agencies still reeling from the increase in employer contribution rates beginning 2013/2014 may very well experience yet another increase in the next couple of years due to a further reduction in the “discount rate” or rate of return.  Simply put, the discount rate or rate of return is the percentage of expected returns on investments made by CalPERS.  Generally, the higher expected return, the lower employer contributions will likely be. The problem arises, though,…
On Monday, a unanimous United States Supreme Court, in a harshly critical opinion, overruled a decision of the Sixth Circuit Court of Appeals that had in essence created a presumption that retiree medical benefits provided for in a collective bargaining agreement are per se vested, unless it can be proven by extrinsic evidence otherwise.  In M&G Polymers USA v. Tackett, the Supreme Court rejected this presumption and in a line of cases upon which…
CalPERS employers by now are well aware of the major changes in the Public Employees’ Retirement Law.  On the heels of these changes and into the horizon, we have seen continuing efforts by CalPERS to audit contracting agencies. Is Your Agency Ready? If you’ve been following our blog, you know that this area of law is constantly evolving. We have provided useful blog articles on the key topics, including: The Public Employees’ Pension Reform Act