ACERA’s annual Open Enrollment will conclude on November 30, 2014 for group healthcare plans and December 7 for individual Medicare plans through OneExchange. Enrollment forms for group plans that are mailed to ACERA must be postmarked by November 30, 2014.
Joseph W. Fletcher has been recruited as ACERA’s Chief Counsel,
and will begin work during November. As Chief Counsel, Mr.
Fletcher reports directly to CEO Vincent P. Brown and
serves as legal advisor to the Board
of Retirement and ACERA Staff, and represents ACERA in civil
cases, advises them in matters of civil law, and manages ACERA’s
Open Enrollment is your annual opportunity to consider your benefit needs and options and to make changes, if needed. ACERA’s Open Enrollment period is November 1 – November 30, 2014, and you can change your Kaiser Permanente or UnitedHealthcare medical plan and Delta Dental plan and add or drop medical, dental, and vision coverage for your eligible dependents. ACERA’s Open Enrollment for an individual medical plan through OneExchange is October 15 – December 7, 2014.
The California Court of Appeal, First Appellate District which is
set to hear the appeal of Petitioners in the DSA vs. ACERA – AB
197 lawsuit posted notice that it has denied the motion/request
for a Stay.
This means that the Superior Court’s May 12, 2014 final judgment
which ordered the stay be lifted after a 60-day period on July
12, 2014, is effective, and all members will have their
retirement benefits calculated based on AB 197 as of July 12,
The Superior Court Stay that has been in effect since December
2012 is applicable to all ACERA members who first became members
before January 1, 2013 and who have not yet retired. The Court’s
May 12, 2014 final judgment ordered the stay be lifted after a
60-day period on July 12, 2014.
In order to comply with IRS regulations, ACERA will be requiring
that safety members wait at
least 90 calendar days after retiring from ACERA before returning
to work for any ACERA Participating
Employer. This requirement will take effect June 1, 2014,
which means that any member who wishes to retire prior to this
commencement of this requirement will have to return to work on
or before May 31, 2014.
The court has issued a final judgment in the lawsuit seeking to
stop implementation of Assembly Bill 197, part of the Public
Employees’ Pension Reform Act. The final order contains a 60 day
“Stay Order.” The Stay requires that ACERA continue to follow its
pre-AB 197 policy on retirement calculations during the 60 day
Effective January 1, 2013, the Board
of Retirement made a decision to eliminate the $4,250
non-vested portion of the former $5,000 Retired Member Lump Sum
Death Benefit, thereby
reducing the death benefit down to the $750 vested portion. In
researching the accounts that the death benefit is paid out of,
ACERA discovered that the Board of Retirement had adopted a
section of code in 1992 approving a vested retiree death benefit
of $1,000 to be funded by the SRBR as long as funds were
ACERA is exploring the option of providing medical care plans to
early retirees (not eligible for Medicare) through a private
health insurance exchange in order to control healthcare costs
and offer plans in more service areas. Benefits facilitators in
the exchange would help members enroll in an individual medical
insurance/prescription plan and use their Monthly Medical
Allowance to offset the cost of the plan if eligible.
Extend Heath, ACERA’s private health insurance exchange for
Medicare-eligible members, has changed its name. It is now called
OneExchange. Participants should have received a notice in the
mail announcing this change. OneExchange is only a change in
name, and is not specifically accompanied by other changes. You
can visit OneExchange on the web at:
The lawsuit seeking to stop the implementation of Assembly Bill 197, part of the Public Employees’ Pension Reform Act, is still pending. The Court has issued a Statement of Decision following multiple hearings. Nothing is final until the Court issues a final judgment and any writs directing ACERA to take specific actions. The next hearing has been set for April 25, 2014. ACERA expects that sometime after the April 25 hearing, the writs and judgment will be finalized and entered b
Judge David Flinn has released a Statement of Decision in the DSA
v. CCCERA lawsuit regarding the Public Employees Pension Reform
Act (PEPRA). The Statement will be used by the parties to
the lawsuit to draft the language of the final judgment/writ
discussed in ACERA’s March
11 PEPRA news update. A PDF copy of the statement is
attached to this page.
On Friday, March 7, 2014, Judge David Flinn, Contra Costa County
Superior Court conducted a hearing to discuss the parties
objections or requests for clarification of his Second Modified
Combined Tentative Ruling in the DSA v. CCCERA lawsuit. The
lawsuit was brought by Deputy Sheriff’s Association (DSA) and
other employee groups who are opposing ACERA and other county
pension funds’ implementation of AB 197, a part of the Public
Employees’ Pension Reform Act (PEPRA) which was passed in
California in late 2012.
In an update from ACERA’s
previous posting regarding the February 11 DSA Lawsuit
hearing, Judge Flinn issued a Second (Modified) Tentative
Combined Decision on February 28. The full text of that
decision is attached to this page. ACERA staff is seeking
further clarity, and hopes to be able to provide more information
to members after the upcoming hearing on March 7.
A hearing was held on February 11, 2014 before Judge Flinn in
Contra Costa County Superior Court in the lawsuit known as DSA v.
CCCERA. The lawsuit was brought by Deputy Sheriff’s Association
(DSA) and other employee groups who are opposing ACERA and other
county pension funds’ implementation of AB 197, a part of the
Public Employees’ Pension Reform Act (PEPRA) which was passed in
California in late 2012.
The U.S. Department of the Internal Revenue Service issued the
Alameda County Employees’ Retirement Association (ACERA) a
favorable tax determination letter on January 29, 2014. The
favorable determination letter indicates that in the opinion of
the IRS, ACERA satisfies the qualification requirements of
Internal Revenue Code section 401(a) and is therefore is a
qualified public retirement plan entitled to favorable tax
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