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CalPERS Board Victory for Former Acting City Manager

February 23, 2018 by Teresa Renaker

Renaker Hasselman Scott LLP represented a retired Assistant City Manager on her appeal from a CalPERS decision that a pay increase she received while serving as Acting City Manager for twenty-seven months was not pensionable compensation. CalPERS determined that the pay increase did not qualify as payrate or special compensation, and therefore could not be recognized as part of the member’s final compensation in calculating the member’s pension. An Administrative Law Judge sustained the member’s appeal, finding that the increase should be included in the member’s payrate. The CalPERS Board adopted the ALJ’s proposed decision on February 14, 2018, resulting in a significant retroactive increase to the member’s pension.

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