Alameda Decision Information & Updates
Alameda Decision Information
This page will be a repository for updates and documents related to the Alameda Decision and its implementation. To learn more, click on one of the news items below.
To read the Alameda Decision, click here.
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Alameda Administrative Appeal Process
VCERA has created the Alameda Administrative Appeal Request Form to provide members who are affected by the Alameda Decision with the opportunity to appeal VCERA’s corrections to their retirement accounts. Corrective actions could include removing certain pay items from a member’s final average compensation (FAC), refunding retirement contributions overpaid to VCERA, and reducing monthly retirement benefits.
Alameda Decision FAQs and Glossary
Although the California Supreme Court’s Alameda Decision touched all CERL retirement systems, VCERA was particularly impacted. The ruling affected multiple parts of VCERA’s operations, most importantly the recalculation of retirement benefits. To help members and stakeholders better understand the Alameda Decision, its broad impact and its implementation, VCERA has produced Frequently Asked Questions (FAQs) and a Glossary of Terms. All of the terms in the Glossary are used in the FAQs, so referring to the documents simultaneously is encouraged.
Leave Straddling FAQs
The Alameda Decision excluded from Legacy members’ pensionable earnings payments for annual leave redemptions (i.e., vacation buydowns) that exceed what “may be earned and payable in each 12-month period” during their final average compensation (FAC) period. When multiple leave redemptions from two calendar years are paid in a 12-month period, the total redeemed hours in that period may exceed their redeemable calendar-year hour limit.
Alameda Implementation Status Update – Dec. 2023
VCERA staff has provided the Board of Retirement with three Alameda Implementation status updates since October 2023. Highlights from those status reports include:
Alameda Implementation Status Report – 9/11/2023
On September 11, 2023, VCERA staff updated the Board of Retirement on the progress of the Alameda implementation, which is divided into two phases:
Impact of Alameda Decision on Flex Credit and Retirement Benefits
When the California Supreme Court issued the Alameda Decision on July 30, 2020, it ruled that retirement boards do not have the discretion to include in Legacy members’ compensation earnable “in-kind” benefits. As determined in prior case law, “flex credit” payments that are applied to healthcare-related benefits are considered to be in-kind payments. Accordingly, flex credit amounts that cannot be received by employees in unrestricted cash must be excluded from compensation earnable. These in-kind payments are examples of an “Alameda Exclusion.”
Pensionability of Pay Codes – Updated 6/2/2023
Pay codes are used by employers to identify and classify types of pay remitted to employees. Some types of pay are includable in retirement earnings,* as determined by CERL and the Board of Retirement, and some are not. In the Alameda Decision, the California Supreme Court clarified for county retirement systems which categories of pay are excluded from a member’s retirement earnings.
Update on Resolutions Passed by Board on April 17, 2023
On April 17, 2023, the VCERA Board of Retirement adopted two Resolutions regarding the Alameda Decision, each affecting different groups of VCERA members.
Some members are not affected at all. For example, those who retired from VCERA prior to January 1, 2013, will not see any change in their retirement benefits as a result of the Alameda Decision.
- Resolution Regarding Correction of Pensionability of Benefits Under County of Ventura's Flexible Benefits Program - 4/17/2023
- Resolution Regarding Alameda Corrections of PEPRA Exclusions as to Retired Members - 4/17/2023
- Resolution Regarding Alameda Implementation to Compensation Earnable and Pensionable Compensation - 10/12/2020
- Read more
April 10, 2023 Letter to Members Re: Potential Impact of Alameda Decision
On April 10, 2023, VCERA mailed a letter to its entire membership regarding the Alameda Decision’s anticipated impact on different categories of members.
March 27, 2023 Board Meeting Recap Re: Alameda Flex Credit Resolution
At the March 27, 2023, Board of Retirement meeting, the Board reviewed the pending proposed Resolution Regarding Correction of Pensionability of Benefits under County of Ventura’s Flexible Benefits Program (“Flex Credit Resolution”) in advance of its formal consideration on April 17, 2023. (Links to the materials reviewed by the Board are available below.) The Resolution is to bring VCERA into compliance with the Alameda Decision (“Alameda”), which was issued by the California Supreme Court on July 30, 2020, regarding the pensionability of in-kind benefits that cannot be received in cash.
March 27, 2023 Upcoming Board Meeting: Alameda Flex Credit Resolution
At the upcoming March 27, 2023, VCERA Board of Retirement meeting, at 10:00 a.m. Time Certain, the Board will be reviewing a proposed Resolution to implement the exclusion of in-kind benefits per the California Supreme Court’s July 30, 2020, ruling in ALAMEDA COUNTY DEPUTY SHERIFF’S ASSN.
Disclaimer for VCDSA Pension Calculator
It has come to VCERA’s attention that the Ventura County Deputy Sheriffs’ Association (VCDSA) recently released a pension calculator application to its members. VCERA disclaims the accuracy of this pension calculator, as none of the calculations generated by this pension calculator have been tested, reviewed or verified by VCERA. An estimate produced by the VCDSA or any other pension calculator does not create any right to receive benefits under VCERA.
Governor Veto of Assembly Bill 826 and Impact on VCERA Legacy Members
On September 29, 2022, Governor Newsom vetoed Assembly Bill 826, a bill sponsored by SEIU and the County of Ventura.
July 26, 2021 Board of Retirement Resolution Re: Flex Credit
On July 26, 2021, the VCERA Board of Retirement adopted a Resolution regarding the flexible credit benefit amount that may be included in compensation earnable for “Legacy” members (hired before January 1, 2013).
Excluded PEPRA pay codes
On April 19, 2021, the Board of Retirement approved to ratify staff determination on pay codes impacted by the October 12, 2020, Resolution regarding Alameda implementation for compensation earnable and pensionable compensation.
Oct. 12 Board Meeting Regarding Alameda Decision
On October 12, 2020, the VCERA Board of Retirement adopted a Resolution (Redline Version and Clean version), implementing the California Supreme Court’s July 30, 2020, ruling in ALAMEDA COUNTY DEPUTY SHERIFF’S ASSN. v. ALAMEDA COUNTY EMPLOYEES’ RETIREMENT ASSN.
Alameda Decision Implementation Update from Retirement Administrator, Linda Webb
Dear County Employees & VCERA Members,
On October 12, 2020, the VCERA Board of Retirement will be considering a matter of general interest and importance to VCERA members regarding the impact of the California Supreme Court Alameda decision on VCERA. You may have received an email containing two letters from the County on this topic.