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CalPERS Seeks Comments on Designating the Decision in Compensation Earnings Matter as Precedential

April 17, 2015
The California Public Employees’ Retirement System (CalPERS) Legal Office is requesting public comments from contracting agencies in regards to a proposed decision issued by an Administrative Law Judge that was adopted by the CalPERS’ board on Dec. 12, 2012.
 
The proposed decision, issued Oct. 4, 2012 after a public hearing in an administrative appeal before the CalPERS’ board entitled “In the Matter of the Calculation of the Final Compensation of RANDY G. ADAMS, Respondent and CITY OF BELL, Respondent,” determined that a members’ pay rate or base pay must be created by public notice and action of the governing board and with public consent in order to be used in the calculation of compensation earnable. The pay schedules must provide a pay rate or base pay that is stable and predictable among all members of a group or class.
 
At its meeting on March 18, 2015, the CalPERS’ board decided to consider whether the decision in this matter should be designated as precedential and is soliciting public comment.
 
Agencies interested in commenting on whether the CalPERS’ board decision should be precedential should consider the following precedential policy questions:
  • Does the decision contain a significant legal or policy determination of general application that is likely to occur?
  • Does it include a clear and complete analysis of the issues in sufficient detail so that interested parties can understand why the findings of fact were made, and how the law was applied? 
Submit comments to the CalPERS Legal Office no later than 5 p.m. on May 8. Comments may not exceed six pages in length, single spaced. Late comments will not be considered.
 
Comments that address the questions above, along with any other questions or considerations may be sent by mail, fax or delivery to:
 
CalPERS Legal Office
Attn: Wesley E. Kennedy, senior staff counsel
400 Q Street, Room LPN 3340
Sacramento, CA 95811
Fax (916) 795-3659
 
The CalPERS’ board will consider all comments at a future board meeting, to be announced at future date, and make its final decision in the RANDY G. ADAMS matter precedential.
 
Questions regarding this notice may be directed to Wesley E. Kennedy at (916) 795-0725.


 
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