"Why was this done now?" asks
The unions are appealing a lower court's decision that has placed in jeopardy the so-called "
Dunning was interviewed by the CalPERS board on Wednesday about her work in this case and her position on the
"I believe very strongly in the
"My goal is not to impair the
Dunning went into some detail about the origins of the case. She explained that it originated when
MCERA responded to these new laws by excluding standby pay, administrative response pay, callback pay and cash payments for waiving health insurance from the calculation of members' final compensation.
The unions then sued, asserting that the value of these benefits had been a factor in determining the wage and benefit packages offered to their members through collective bargaining.
In its ruling, the
During her interview on Wednesday, Dunning said the
"The retirement board's position is not that this is about vested rights, really," Dunning said. "The retirement board's position is there was not a vested right originally to have stand-by pay included."
Morales said, "I think
Dunning could not be reached Monday for comment.
Asked about Dunning's comments to the CalPERS board,
Wickman echoed Dunning's comment that MCERA never intended to challenge vested rights protected by the
"We argued that we had to implement AB 340 and AB 197; it contained clarifications to what is 'compensation earnable.' That is what we did," Wickman said. "The plaintiffs challenged that as a violation of vested rights. The Court of Appeals has taken that farther in their decision. We're defending the case that we presented."
Before choosing Dunning and Nossaman, the CalPERS board also interviewed attorney
Asked initially by CalPERS board member
"With the pending litigation, the jury is literally out on what is going to happen with the
Later, however, under close questioning by CalPERS board member
CalPERS board member
Jelincic said, "The California Rule is very, very, very important to the people that we represent and have a responsibility to."
There is no timeline yet for when the
(c)2017 The Marin Independent Journal (Novato, Calif.)
Visit The Marin Independent Journal (Novato, Calif.) at www.marinij.com
Distributed by Tribune Content Agency, LLC.