Recent Actions on PSC Correction Process

Date: Jan 26, 2011


SDCERS recently received notification from the City, regarding City Council's decisions on proposed PSC correction options posed to the Council by SDCERS in November.
The January 25 letter from City Attorney Jan Goldsmith to SDCERS CEO and General Counsel (see link at the bottom of this article) updates the status for two groups of members whose PSC decisions are still pending.
Members in DROP as of November 20, 2007:
A final decision has not yet been made on whether or not this group of people will have to correct their contracts. The City Attorney agrees that the judgment should be clarified with Judge Nevitt of San Diego County Superior Court. SDCERS' counsel will conduct research to determine the appropriate process for filing a motion with Judge Nevitt requesting that clarification. Once we receive Judge Nevitt’s clarification, SDCERS will know if these members with affected PSCs can or cannot be excluded from correction.
Active DROP members with affected PSCs who entered DROP after November 20, 2007:
The City Attorney acknowledges that it may be possible to rescind or reform the DROP contracts of these affected members. However, the decision to approve a change in DROP entry or exit dates lies with the Mayor. If SDCERS determines that sufficient facts exist to allow the employee to rescind or reform their DROP contract and the Mayor approves, this might provide an acceptable PSC solution for these members. SDCERS is working with the Mayor’s office to resolve this issue.

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