All notes for Subtopic 1000.02121 – Retirement
| Decision | Description | PERC Vol. | PERC Index | Date |
|---|---|---|---|---|
| 2464M | City of San Diego * * * Affirmed, 5 Cal.5th 898 (2018). Remedy modified by City of San Diego (2019) PERB Decision No. 2464a-M * * * 1000.02121: 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. | 40 | 108 | 12/29/15 |
| 2427M | County of San Luis Obispo 1000.02121: 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. | 39 | 176 | 06/03/15 |
| 2288M | City of Pinole 1000.02121: 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. | 37 | 90 | 10/15/12 |
| 2044M | County of Sacramento 1000.02121: 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. | 33 | 126 | 06/30/09 |
| 2045M | County of Sacramento 1000.02121: 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. | 33 | 127 | 06/30/09 |
| 2043M | County of Sacramento 1000.02121: 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. | 33 | 122 | 06/30/09 |
| 1943M | County of Sacramento 1000.02121: SCOPE OF REPRESENTATION; Retirement Eligibility criteria for retirement healthcare benefits are within the scope of bargaining. more or view all topics or full text. | 32 | 42 | 02/14/08 |
| 1907E | Madera Unified School District 1000.02121: 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. | 31 | 109 | 05/24/07 |
| 1863E | El Centro Elementary School District 1000.02121: 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. | 31 | 10 | 11/13/06 |
| 1570M | County of San Joaquin 1000.02121: 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. | 28 | 37 | 12/19/03 |
| 1504E | Clovis Unified School District 1000.02121: 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. | 27 | 15 | 12/18/02 |
| 0782E | Temple City Unified School District 1000.02121: 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. | 14 | 21027 | 12/22/89 |
| 0289E | Walnut Valley Unified School District 1000.02121: 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. | 7 | 14084 | 02/28/83 |
| 0250E | Holtville Unified School District 1000.02121: SCOPE OF REPRESENTATION; Retirement The subject of mandatory retirement is negotiable. more or view all topics or full text. | 6 | 13235 | 09/30/82 |