Legal Question in Employment Law in California

I've worked for the San Bernardino County for 4.29 years. Our special district has decided to seperate from the County and will thus be terminating all payroll and employee benefits with them. Our special district will set-up a new payroll system with a new company. I was short 7 months from being 100% vested in the county retirement system. Is there a law where our employer must grandfather those years of service from the county into the new payroll system?


Asked on 5/23/12, 8:39 am

1 Answer from Attorneys

I'm not really up on the law on this, so hopefully another attorney will follow up on this. As a former public employee, under the SFPERS system, however, I can tell you that I was eligible to transfer my SFPERS credits to CalPERS or pretty much any other public employee retirement system in California. I would have been subject to the rules under the system I transferred into, but my $$ and time in service would have transferred. What I can't tell you is if it is mandatory that the new public entity participate in that or not. If they do follow the standard PERS protocols, though, your time and $$ should transfer into the new system if you elect to do so. I just can't tell you if they are required to set it up that way.

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Answered on 5/23/12, 11:44 am


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