Because both the Internal Revenue Code (Code) and PEPRA sometimes “conspire” to limit the retirement benefits of public agency employees in ways that make it harder for affected agencies to hire and retain certain individuals, it may become necessary for those...
Why a Public Agency Might Want to Add a 401(a) Plan
The vast majority of public agencies already maintain a 457(b), or eligible deferred compensation plan. A much smaller number also maintains one or more 401(a) plans in addition. This post discusses some of the reasons a public agency might want to add a 401(a) plan...
California Public Agency 401(a) Sponsors Should Amend Their Plans for PEPRA and May Want to Submit for a New IRS Determination Letter
By Jeff Chang Ongoing changes in the way the IRS reviews and “approves” qualified retirement plan documents and the need for California public agencies to comply with the Public Employees’ Pension Reform Act (PEPRA) are forcing these agencies to reevaluate the “form”...
California Supreme Court Rules in Cal Fire Case – Round One Goes to the Legislature, But It Ain’t Over
By Jeff Chang The California Supreme Court recently issued its decision in the Cal Fire Local 2881 v. CalPERS case – the first of six so-called “California Rule” (“Vested Pension Rights”) cases pending before the Court. The California Rule, in essence, states that: “A...
The Battle Over “Vested Rights” In California
By: Jeff Chang Those of you who follow California public pension issues closely already know about the pending California Supreme Court cases focusing on the “vested rights doctrine.” Some of you may have attended, or viewed, my recent webinar, “Preparing for Changes...
Chapter 11: Exercise Caution When Using a Pre-approved “Governmental” Retirement Plan
By: Jeff Chang In the governmental non-ERISA marketplace, there are a number of investment providers and plan recordkeepers that offer and provide retirement plan documents for use by governmental employers that have been "pre-approved" by the IRS. Typically, these...
Chapter 9: Suffering A California Pension Reform Confusion Headache? This Might Help
By: Jeff Chang A recent matter that came to our firm involving interpretation of the California Public Employees' Pension Reform Act of 2013 (PEPRA) brought to light yet another painfully confusing question. What exactly is a "new member?" During a recent phone call...
Chapter 6: The New Year Brings Compliance With Pension Reform
By: Jeff Chang Although there has been much talk, good and bad, about California's recent attempt at public pension reform, the fact is that the Public Employees Pension Reform Act of 2013 (PEPRA) is now the law of the State and public employers are obliged to comply...