All notes for Subtopic 1000.02121 – Retirement

DecisionDescriptionPERC Vol.PERC IndexDate
2464M City of San Diego * * * Decision upheld on appeal to the California Supreme Court (8/2/2018); limited review of remedial order on remand. * * *
1000.2121: SCOPE OF REPRESENTATION; Retirement
The MMBA’s scope of representation is not preempted by the local initiative process. An employer’s duty to meet and confer requires that it give notice and opportunity for meeting before it submits to voters measures affecting employee pension benefits or other negotiable subjects. more or view all topics or full text.
4010812/29/15
2427M County of San Luis Obispo
1000.2121: SCOPE OF REPRESENTATION; Retirement
Where pension plan provisions relied on by the unions did not confer an absolute right to “permanency” in the particular benefits or contributions formulas, unions failed to show that changes to employee pension contribution formulas were “vested rights” beyond the scope of mandatory bargaining. Because no vested rights were identified, the Board declined to consider whether, or under what circumstances, vested rights may be modified through collective bargaining. more or view all topics or full text.
3917606/03/15
2288M City of Pinole
1000.2121: SCOPE OF REPRESENTATION; Retirement
It is well established that an employer may not insist to impasse upon a waiver of statutory rights. Allegations that pension proposal amounted to a waiver of statutorily-prescribed maximum employee pension contributions are sufficient to support a viable theory of law so as to warrant issuance of a complaint. more or view all topics or full text.
10/15/12
2044M County of Sacramento
1000.2121: SCOPE OF REPRESENTATION; Retirement
Future retirement health benefits for current employees are within the scope of bargaining. The fact that the County made the change on June 5, effective June 1, did not change the prospective nature of the action because the change was prospective for all those employed on June 5 as well as those employed on June 1. more or view all topics or full text.
3312606/30/09
2045M County of Sacramento
1000.2121: SCOPE OF REPRESENTATION; Retirement
Future retirement health benefits for current employees are within the scope of bargaining. The fact that the County made the change on June 5, effective June 1, did not change the prospective nature of the action because the change was prospective for all those employed on June 5 as well as those employed on June 1. more or view all topics or full text.
3312706/30/09
2043M County of Sacramento
1000.2121: SCOPE OF REPRESENTATION; Retirement
Future retirement health benefits for current employees are within the scope of bargaining. The fact that the County made the change on June 5, effective June 1, did not change the prospective nature of the action because the change was prospective for all those employed on June 5 as well as those employed on June 1. more or view all topics or full text.
3312206/30/09
1943M County of Sacramento
1000.2121: SCOPE OF REPRESENTATION; Retirement
Eligibility criteria for retirement healthcare benefits are within the scope of bargaining. more or view all topics or full text.
324202/14/08
1907E Madera Unified School District
1000.2121: SCOPE OF REPRESENTATION; Retirement
Future retirement health benefits for current employees are within the scope of bargaining. more or view all topics or full text.
3110905/24/07
1863E El Centro Elementary School District
1000.2121: SCOPE OF REPRESENTATION; Retirement
Retirees, because they are no longer “employees” as defined in EERA section 3541.5(a), are not subject to the protection of EERA. Consequently, medical benefits for these individuals are permissive subjects of bargaining. more or view all topics or full text.
311011/13/06
1570M County of San Joaquin
1000.2121: SCOPE OF REPRESENTATION; Retirement
PERB has held that retirement benefits for current employees is a mandatory subject of bargaining. In contrast, retirement benefits for retirees – those who are no longer employed by the employer – is only a permissive subject of bargaining. A party may not insist to impasse on a permissive subject of bargaining. more or view all topics or full text.
283712/19/03

1000.2121: SCOPE OF REPRESENTATION; Retirement
Under County Employees Retirement Law of 1937, county is bound to implement recommended adjustments to contribution rates following actuarial valuations subject to qualification that county may elect to pay up to one-half of the employees' contribution (Gov Code § 31581.1) Gov. Code § 31454.1 does not permit union to request to meet and confer with respect to the assumptions and calculations of actuary, but does allow union to present its views on recommendations of actuarial valuation. more or view all topics or full text.
1504E Clovis Unified School District
1000.2121: SCOPE OF REPRESENTATION; Retirement
Under well-established precedent, Social Security and PERS benefits are “wages” because they require employer and employee contributions to the applicable funds and so embody both deferred wages and a reduction in employees’ wages. Therefore, the election for retention of Social Security and change in status of PERS benefits is a mandatory subject of bargaining. This conclusion is consistent with Board’s decisions regarding the mandatory status of retirement benefits in general. more or view all topics or full text.
271512/18/02
0782E Temple City Unified School District
1000.2121: SCOPE OF REPRESENTATION; Retirement
Future, post-employment benefits of present employees are within scope. There is no authority for the proposition that an employer does not have to negotiate retirement or severance benefits because the benefits will not be received until after employee is separated. more or view all topics or full text.
142102712/22/89
0289E Walnut Valley Unified School District
1000.2121: SCOPE OF REPRESENTATION; Retirement
Criteria and procedure for determining competency to continue employment of certificated personnel over the age of 65 are negotiable because they relate to wages, hours and terms and conditions of employment; p. 9. more or view all topics or full text.
71408402/28/83
0250E Holtville Unified School District
1000.2121: SCOPE OF REPRESENTATION; Retirement
The subject of mandatory retirement is negotiable. more or view all topics or full text.
61323509/30/82