California Pension Systems โ
California has over 80 public retirement systems, making it the most complex pension landscape of any U.S. state. These systems collectively cover more than 4.6 million members โ roughly one in nine Californians โ and hold combined assets exceeding $800 billion.
The systems break down into three tiers: statewide systems, county-level systems (governed by the 1937 Act), and independent city/agency systems. A web of reciprocal agreements connects many of these systems, allowing workers to move between public employers without losing retirement benefits.
- see also: Ballotpedia โ Public Pensions in California
- see also: NASRA โ California Pension Profile
The Three Statewide Systems โ
1. California Public Employees' Retirement System (CalPERS) โ
The largest public pension fund in the United States.
- Members: 1.5+ million (employees, retirees, and their families)
- Assets: ~$556 billion (FY 2024-25)
- Coverage: State employees, 37 counties, 1,500+ cities, special districts, and school classified staff
- Governing law: Public Employees' Retirement Law (PERL), California Government Code ยง20000 et seq.
- Board: 13-member Board of Administration
CalPERS provides defined benefit pension plans, health benefits, and supplemental income plans (457). Its membership falls into two broad categories: Miscellaneous (non-hazardous occupations) and Safety (law enforcement, fire, corrections).
- see also: CalPERS Official Site
- see also: CalPERS Wikipedia
2. California State Teachers' Retirement System (CalSTRS) โ
The largest educator-only pension fund in the world.
- Members: ~975,000+
- Coverage: Certificated public school teachers (K-12) and community college instructors
- Governing law: Teachers' Retirement Law, California Education Code Part 13, ยง22000 et seq.
- Board: 12-member Teachers' Retirement Board (CA Education Code ยง22200)
CalSTRS operates three programs:
- Defined Benefit (DB) Program โ the core pension
- Defined Benefit Supplement (DBS) Program โ a cash balance plan that accumulates from extra-duty pay and employer contributions
- CalSTRS Pension2 โ voluntary 403(b) and 457(b) savings plans
- see also: CalSTRS Official Site
- see also: CalSTRS Two Benefit Structures
3. University of California Retirement System (UCRS) โ
- Coverage: University of California employees across all 10 campuses, 5 medical centers, and affiliated research facilities
- Core plan: UC Retirement Plan (UCRP) โ a defined benefit plan
- Supplemental: UC 403(b), 457(b), and DC plans
- Reciprocity: UCRP has a reciprocal agreement with CalPERS (DB plan only; cash balance plans are not eligible)
- see also: UCnet Bargaining Units
- see also: UC Retirement Choice Program
The 1937 Act County Systems (CERL) โ
The County Employees Retirement Law of 1937 (CERL), codified at California Government Code ยง31450 et seq., authorized individual counties to establish their own independent retirement systems. Twenty counties currently operate under this act, administered collectively through the State Association of County Retirement Systems (SACRS).
Each 1937 Act system is an independent entity with its own Board of Retirement, investment portfolio, and benefit structures โ but all are governed by the same underlying CERL statute plus the California Constitution Article XVI, Section 17, and PEPRA.
The 20 CERL County Systems โ
| County | System Name (Abbreviation) | Year Est. |
|---|---|---|
| Alameda | Alameda County Employees' Retirement Association (ACERA) | 1948 |
| Contra Costa | Contra Costa County Employees' Retirement Association (CCCERA) | 1945 |
| Fresno | Fresno County Employees' Retirement Association (FCERA) | 1945 |
| Imperial | Imperial County Employees' Retirement System (ICERS) | 1951 |
| Kern | Kern County Employees' Retirement Association (KCERA) | 1945 |
| Los Angeles | Los Angeles County Employees Retirement Association (LACERA) | 1938 |
| Marin | Marin County Employees' Retirement Association (MCERA) | 1950 |
| Mendocino | Mendocino County Employees' Retirement Association (MCERA-Mendo) | 1947 |
| Merced | Merced County Employees' Retirement Association (MercedCERA) | 1950 |
| Orange | Orange County Employees Retirement System (OCERS) | 1945 |
| Sacramento | Sacramento County Employees' Retirement System (SCERS) | 1941 |
| San Bernardino | San Bernardino County Employees' Retirement Association (SBCERA) | 1945 |
| San Diego | San Diego County Employees Retirement Association (SDCERA) | 1939 |
| San Joaquin | San Joaquin County Employees' Retirement Association (SJCERA) | 1946 |
| San Mateo | San Mateo County Employees' Retirement Association (SamCERA) | 1944 |
| Santa Barbara | Santa Barbara County Employees' Retirement System (SBCERS) | 1944 |
| Sonoma | Sonoma County Employees' Retirement Association (SCERA) | 1946 |
| Stanislaus | Stanislaus County Employees' Retirement Association (StanCERA) | 1946 |
| Tulare | Tulare County Employees' Retirement Association (TCERA) | 1945 |
| Ventura | Ventura County Employees' Retirement Association (VCERA) | 1947 |
The remaining 38 California counties (those not operating a 1937 Act system) contract with CalPERS for their employees' retirement benefits.
Independent City and Special District Systems โ
Beyond the statewide and county systems, several major California cities operate their own independent pension systems. These are established by city charter or municipal code and are not governed by CERL or PERL, though most have reciprocal agreements with CalPERS.
Major Independent City Systems โ
| System | City | Notes |
|---|---|---|
| LACERS โ Los Angeles City Employees' Retirement System | Los Angeles | Miscellaneous employees only; reciprocal with CalPERS |
| LAFPP โ Los Angeles Fire and Police Pensions | Los Angeles | Safety only; NOT reciprocal with CalPERS |
| LAWPERS โ Los Angeles Water and Power Employees' Retirement System | Los Angeles | DWP employees; NOT reciprocal with CalPERS |
| SFERS โ San Francisco Employees' Retirement System | San Francisco | Governed by SF Municipal Code Chapter 16; reciprocal with CalPERS and all 1937 Act systems |
| SDCERS โ San Diego City Employees' Retirement System | San Diego | DB plan reciprocal with CalPERS; cash balance plans not eligible |
| SJFCERS โ San Jose Federated City Employees' Retirement System | San Jose | Governed by SJ Municipal Code ยง2.08.1000 |
| SJPFRS โ San Jose Police and Fire Department Retirement Plan | San Jose | Safety system |
Additional notable independent systems include transit authority systems like the Los Angeles County Metropolitan Transportation Authority (LACMTA) Retirement Plan (non-contract employees).
Independent Utility and Special District Systems โ
Several major California utilities and special districts operate their own independent pension systems outside of CalPERS. These systems are governed by their own ordinances and boards of retirement, but most maintain reciprocal agreements with CalPERS โ meaning you can move between these agencies and CalPERS employers without losing benefit coordination.
| System | Agency | Notes |
|---|---|---|
| EBMUD ERS โ East Bay Municipal Utility District Employees' Retirement System | EBMUD (Oakland) | Classic: 2.6% @ 62 (highest 24 months); PEPRA: 2.5% @ 67 (highest 36 months). Reciprocal with CalPERS. Also offers 401(k), 457(b), and 401(a) plans. |
| SMUD โ Sacramento Municipal Utility District | SMUD (Sacramento) | Independent retirement plan; reciprocal with CalPERS |
| SCVWD โ Santa Clara Valley Water District | Valley Water (San Jose) | CalPERS-contracted agency (not independent), but notable as one of the largest special districts |
| LADWP โ (via LAWPERS) | Los Angeles DWP | LAWPERS is the pension system for DWP employees; NOT reciprocal with CalPERS |
| SFPUC employees | San Francisco PUC | Covered under SFERS (San Francisco Employees' Retirement System); reciprocal with CalPERS |
| MWD โ Metropolitan Water District of Southern California | MWD (Los Angeles) | CalPERS-contracted agency |
| Contra Costa Water District | CCWD (Concord) | CalPERS-contracted agency |
| Zone 7 Water Agency | Zone 7 (Livermore) | ACERA (Alameda County 1937 Act system) |
Many water districts, sanitation districts, and other special districts in California contract with CalPERS directly rather than operating their own systems. A few large utilities (EBMUD, SMUD, LADWP) maintain independent systems with their own benefit structures. If you're moving between agencies, always verify reciprocity status before separating โ the 180-day window to establish reciprocity is strict.
see also: EBMUD Retirement Board
see also: CALAPRS โ California Association of Public Retirement Systems (member list)
see also: EBMUD Retirement Benefits
see also: Equable Institute โ California Pensions Overview
Other Statewide and Specialized Systems โ
| System | Coverage |
|---|---|
| JRS / JRS II โ Judges' Retirement System | State court judges (JRS closed to new members; JRS II for judges appointed after 1994) |
| LRS โ Legislators' Retirement System | State legislators (closed to new members since 1990) |
| CalSavers โ California Secure Choice | Private-sector employees without employer-sponsored plans (auto-IRA, not a DB pension) |
Reciprocity โ How the Systems Connect โ
Reciprocity is a formal agreement among California public retirement systems that allows members to move between systems without losing certain benefits. It does NOT transfer money or service credit between systems โ instead, it coordinates benefits at retirement.
How Reciprocity Works โ
- You leave one public retirement system and join another within 180 days (6 months)
- You leave your contributions on deposit with the old system
- At retirement, you retire from both systems on the same date
- Each system calculates your benefit independently, but the highest final compensation from either system can be used in both calculations
- Service credit from both systems can be combined to meet vesting requirements (typically 5 years)
Systems with CalPERS Reciprocal Agreements โ
The CalPERS Reciprocal Self-Certification Form (CalPERS-1187) identifies the following qualifying systems:
- California State Teachers' Retirement System (CalSTRS) โ DB plan only
- All 20 CERL/1937 Act county systems
- Los Angeles City Employees' Retirement System (LACERS) โ Miscellaneous only
- Sacramento County Employees' Retirement System (SCERS) โ DB plan only
- San Diego City Employees' Retirement System (SDCERS) โ DB plan only
- University of California Retirement Program (UCRP) โ DB plan only
- Judges' Retirement System (JRS / JRS II)
- Legislators' Retirement System (LRS)
NOT Reciprocal with CalPERS โ
- L.A. Fire and Police Pension System (LAFPP)
- L.A. Water and Power Employees' Retirement System (LAWPERS)
- Federal Employee Retirement System (FERS)
SFERS maintains its own reciprocal agreements that generally mirror CalPERS reciprocity, with the notable exception that SFERS does not have reciprocity with UCRP, JRS, LRS, or CalSTRS.
- see also: CCCERA Reciprocal Retirement Systems
Pension Formulas โ
Full Formula Reference
For complete CalPERS and CalSTRS formula tables, PEPRA provisions, Classic vs PEPRA member definitions, and how local agencies choose their formula, see the dedicated California Pension Formulas page.
How We Got Here โ The Road from SB 400 to PEPRA (1999โ2012) โ
The story of California's pension landscape cannot be understood without understanding the decade-plus arc from the dot-com boom to the Great Recession and the political crisis that followed. California was not alone โ 48 of 50 states enacted major pension reform after 2008 โ but the state's uniquely broken budget structure made the crisis especially severe.
California's Structural Budget Problem โ
California's chronic budget instability traces back to Proposition 13 (1978), which capped property taxes at 1% of assessed value and forced the state to depend on income and capital gains taxes for revenue. By the 2000s, personal income tax made up nearly 70% of general fund revenue โ compared to 38% nationally. This created a boom-bust cycle: when the stock market surged, California was flush. When it crashed, the floor dropped out.
The dot-com bust (2001-2003) blew a $38 billion hole in the budget โ the largest of any state in the country. Governor Gray Davis tried to close it with a vehicle registration fee increase, was recalled, and Arnold Schwarzenegger came in and immediately reversed the fee. The state responded with mostly short-term solutions rather than fixing the structural imbalance, so when the Great Recession hit just a few years later, California entered it with a structural deficit and virtually no reserves.
The Boom: SB 400 and the Enhancement Era (1999โ2006) โ
In the late 1990s, CalPERS was riding high. A roaring stock market had pushed investment returns to an average of 13.5% per year over the prior decade, with 20% returns in 1997 and 1998. CalPERS achieved a funded ratio of 120.5% โ meaning it had more money than it needed to pay all projected future benefits. There was a literal surplus.
Rather than banking the surplus against future downturns, CalPERS itself sponsored legislation to enhance benefits. Senate Bill 400, authored by Sen. Deborah Ortiz (D-Sacramento) and signed by Governor Gray Davis on September 29, 1999, made sweeping changes:
- Created the 3% @ 50 formula for Highway Patrol officers, up from 2% @ 50 โ a roughly 50% increase in benefits
- Authorized local police and fire agencies to adopt the same 3% @ 50 formula through their own CalPERS contracts
- Upgraded state miscellaneous employees from 2% @ 60 to 2% @ 55
- Applied retroactively โ the new, higher multipliers applied to all past years of service, not just future years
- Changed final compensation for school members from 36-month to 12-month averaging, making pension spiking easier
CalPERS told the Legislature the enhancements would not cost taxpayers additional money. CalPERS President William Crist said SB 400 would not cost "a dime of additional taxpayer money." The assumption: continued strong market returns would cover everything.
The math told a different story almost immediately. State contributions to CalPERS, which had dropped from $1.2 billion in FY 1997 to just $160 million in FY 1999-2000, began soaring after the dot-com bubble burst in 2000-2001.
SB 400 triggered a statewide "arms race" of pension enhancements. Local agencies rushed to adopt 3% @ 50 for safety employees and 2.7% @ 55 or 3% @ 60 for miscellaneous employees, often arguing they had to match neighboring jurisdictions to retain workers. In 2001, Assembly Bill 616 allowed local miscellaneous employees to receive 3% @ 60, further escalating the bidding war. By the mid-2000s, many of the generous formulas that would later be called "unsustainable" were locked into CalPERS contracts across the state.
- see also: SB 400 Full Bill Text
- see also: CalPensions โ SB 400 Archive
Schwarzenegger's Failed Reform Attempt (2005โ2010) โ
Governor Schwarzenegger recognized the pension problem early. In his 2005 State of the State address, he called the state's pension obligations a "financial train on another track to disaster" and proposed privatizing the state's pension system by shifting new employees to 401(k)-style plans.
The proposal was a political catastrophe. It would have inadvertently eliminated survivor benefits for police and firefighters killed on the job, uniting every public safety union against the Governor. Schwarzenegger dropped the pension initiative but pressed ahead with a November 2005 special election featuring four reform propositions targeting union dues, teacher tenure, spending caps, and redistricting. Public employee unions spent over $100 million fighting the measures โ the California Teachers Association alone spent $56 million and mortgaged its headquarters. All four propositions were crushed, and Schwarzenegger's approval ratings hit record lows.
Arnold didn't entirely give up. In 2010, a Stanford University study he commissioned revealed $500 billion in unfunded pension debt โ roughly ten times what CalPERS was officially reporting. In his final year, he negotiated pension rollbacks with several individual unions through bargaining, moving CHP officers and firefighters back to pre-SB 400 benefit levels. But comprehensive legislative reform eluded him.
The Great Recession (2008โ2009) โ
The 2008 financial crisis devastated CalPERS. The fund lost approximately $100 billion in value during the stock market crash, and its funded ratio plummeted. Real estate investments were particularly catastrophic โ CalPERS had pumped $7 billion into real estate between 2004 and 2006, owning 288,000 homes and lots, 80% of them in bubble states (California, Florida, Arizona).
Meanwhile, the state budget was in freefall. Revenues dropped from over $100 billion in 2007 to about $85 billion in 2008, and a two-thirds supermajority requirement to pass budgets or raise taxes meant gridlock. California started issuing IOUs in July 2009 because it literally could not pay its bills.
The crash exposed several compounding problems:
- Pension enhancements from SB 400 era were now permanent obligations, locked in by the "California Rule" (the judicial doctrine that pension benefits, once granted, generally cannot be reduced)
- Unfunded liabilities ballooned as asset values cratered but benefit obligations remained
- Employer contribution rates began a long-delayed series of increases, eventually doubling annual state and local government pension costs
- CalPERS delayed rate increases for four years (2009โ2012), using smoothing techniques that allowed debt to grow even further
A National Crisis, Not Just California โ
California was far from alone. The Great Recession triggered pension reform across essentially the entire country. Since 2008, 48 of 50 states passed major pension reform. The pace accelerated rapidly: 10 states enacted reforms in 2009, 21 in 2010, and 32 in 2011.
Some notable examples:
- Rhode Island (2011): Enacted the most aggressive reform in the country under Treasurer Gina Raimondo. Froze existing employees' accrued benefits and moved them to a hybrid plan with just 1% per year of service plus a 401(k)-style defined contribution account. Rhode Island's funded ratio had fallen to just 48.4%.
- Wisconsin (2011): Governor Scott Walker's reforms required public employees to contribute half of their annual pension contribution, sparking mass protests and a recall election. Wisconsin went on to become the best-funded pension system in the country.
- New Jersey (2011): Had the third-largest unfunded liability in the nation at $34.4 billion. Passed reforms increasing employee contributions and reducing COLAs.
- New York (2012): Created a new Tier 6 for employees hired after April 2012, with a lower benefit multiplier and higher retirement age, similar in concept to California's PEPRA.
The pattern was the same everywhere: the Great Recession cratered pension fund investments at the same time state revenues collapsed, creating a double squeeze. States that had enhanced benefits during the boom years were hit hardest.
The Scandals and Bankruptcies (2010โ2012) โ
Public outrage over pension costs intensified as several high-profile events converged:
The Bell Scandal (2010): The city of Bell, California became a national symbol of government compensation abuse when it was revealed that City Manager Robert Rizzo was receiving nearly $800,000 in salary and a total compensation package exceeding $1.5 million, putting taxpayers on the hook for over $600,000 per year in pension costs for life.
Municipal Bankruptcies: Three California cities filed for Chapter 9 bankruptcy in rapid succession โ Vallejo (2008), Stockton (2012), and San Bernardino (2012) โ each citing retirement costs as a significant factor. Stockton's pension contributions had risen from $6.8 million in 2002 to $41.5 million by 2017.
Pension Spiking: Media investigations exposed widespread practices where employees inflated their final-year compensation through overtime hoarding, unused vacation cashouts, and special pay to boost their lifetime pension payouts.
Public Opinion Shifted: A PPIC survey found that 83% of Californians viewed pension spending as a problem in December 2011, with 47% calling it a "big problem."
Local Reform Efforts: San Diego and San Jose both placed pension reform measures on the ballot in 2012. San Diego's Proposition B passed with strong support, switching new hires to 401(k)-style plans. San Jose's Measure B passed with 70% support but was later gutted by the courts.
Governor Brown's 12-Point Plan and the Passage of PEPRA (2012) โ
Governor Jerry Brown, despite his long alliance with public employee unions, recognized the political and fiscal reality. In October 2011, he proposed a 12-point pension reform plan that would have raised the retirement age to 67 for new non-safety employees and required equal cost-sharing.
The path to legislation was rocky. Senate Democrats initially blocked reform bills, and Senate Republicans accused them of refusing to hear debate. The Senate Conference Committee on Pensions refused to hear the plans, and the deadline to place pension reform on the 2012 ballot expired without action.
Then, in the final days of the 2012 legislative session, Assembly Bill 340, sponsored by Assemblyman Warren Furutani (D-Lakewood), emerged from conference committee with the Governor's support. The bill was written and passed with extraordinary speed โ the legally required 72-hour public review window never happened, and the language was passed without actuarial analysis.
Key dates:
- August 31, 2012 โ Legislature adopted AB 340
- September 12, 2012 โ Governor Brown signed AB 340 and companion bill AB 197
- January 1, 2013 โ PEPRA took effect
Governor Brown called it "the biggest rollback to public pension benefits in the history of California." It was a remarkable political achievement โ a Democrat-dominated Legislature passed reform that was universally opposed by public employee unions, the Capitol's most powerful political interest group. That same year, voters passed Proposition 30 (a temporary income tax increase on high earners) to fix the revenue side. Together, PEPRA and Prop 30 finally broke the cycle of deficits that had plagued the state since 2001.
The irony: Gray Davis himself said in 2016 that if he knew then what he knows now, he would not have signed SB 400.
The Aftermath and Ongoing Challenges โ
PEPRA's reforms, while significant, primarily affect new hires โ not existing employees. CalPERS estimates the law has saved $5.8 billion so far, with $26.5 billion in additional savings projected over the next decade. But the legacy liabilities from the SB 400 era remain enormous.
As of 2025, nearly 68% of CalPERS active members are now PEPRA members, projected to reach 90% within the next decade. The system is slowly transitioning, but unfunded liabilities persist.
In 2025, new legislation (AB 1383, AB 569, SB 443) has been introduced to roll back key PEPRA provisions, particularly for public safety recruitment and retention. The debate over whether California's pension system is sustainable โ or whether it will repeat the SB 400 cycle โ remains very much alive.
- see also: Reason Foundation โ Analysis of PEPRA (PDF)
- see also: Sloan Sakai โ Guide to Pension Reform Under AB 340 (PDF)
- see also: CalPensions โ A Look Back at the Crisis
- see also: National Affairs โ How Congress Can Help State Pension Reform
PEPRA โ The 2013 Pension Reform Act โ
PEPRA (AB 340), signed September 12, 2012, capped formulas for new members at 2% @ 62 (miscellaneous) and 2.7% @ 57 (safety), mandated 36-month final compensation averaging, required employees to pay 50% of normal cost, and banned retroactive benefit enhancements.
For the full PEPRA comparison table and Classic vs PEPRA member definitions, see California Pension Formulas โ PEPRA.
Bargaining Units โ State Level โ
The Ralph C. Dills Act (State Employees) โ
The Ralph C. Dills Act (Government Code ยง3512-3524) authorizes collective bargaining between the State of California and its employees. Over 200,000 state workers (excluding universities) are organized into 21 bargaining units represented by 12 different unions. The California Department of Human Resources (CalHR) represents the Governor as the state employer.
The 21 State Bargaining Units โ
| BU# | Name | Union |
|---|---|---|
| 1 | Administrative, Financial, and Staff Services | SEIU Local 1000 |
| 2 | Attorneys and Hearing Officers | CASE |
| 3 | Professional Educators and Librarians | SEIU Local 1000 |
| 4 | Office and Allied | SEIU Local 1000 |
| 5 | Highway Patrol | CAHP |
| 6 | Correctional Peace Officers | CCPOA |
| 7 | Protective Services and Public Safety | CSLEA |
| 8 | Firefighters | CalFire Local 2881 |
| 9 | Professional Engineers | PECG |
| 10 | Professional Scientific | CAPS |
| 11 | Engineering and Scientific Technicians | SEIU Local 1000 |
| 12 | Craft and Maintenance | IUOE |
| 13 | Stationary Engineers | IUOE |
| 14 | Printing and Allied Trades | SEIU Local 1000 |
| 15 | Custodial and Services | SEIU Local 1000 |
| 16 | Physicians, Dentists, and Podiatrists | UAPD |
| 17 | Registered Nurses | SEIU Local 1000 |
| 18 | Psychiatric Technicians | CAPT |
| 19 | Health and Social Services/Professional | AFSCME |
| 20 | Medical and Social Services | SEIU Local 1000 |
| 21 | Educational Consultants and Library | SEIU Local 1000 |
SEIU Local 1000 is the dominant union, representing 9 of the 21 units (BUs 1, 3, 4, 11, 14, 15, 17, 20, 21) โ approximately half of the entire state workforce. BU 1 alone has over 56,000 members, making it the single largest bargaining unit.
Managers, supervisors, employees of CalHR and Department of Finance, and civil service exempts are excluded from collective bargaining.
- see also: LAO Bargaining Unit Profiles (full descriptions)
- see also: CalHR Bargaining & Contracts
- see also: SEIU Local 1000 Bargaining Updates
Key Union Abbreviations โ
| Abbreviation | Full Name |
|---|---|
| SEIU Local 1000 | Service Employees International Union, Local 1000 |
| CASE | California Attorneys, Administrative Law Judges, and Hearing Officers in State Employment |
| CAHP | California Association of Highway Patrolmen |
| CCPOA | California Correctional Peace Officers Association |
| CSLEA | California Statewide Law Enforcement Association |
| PECG | Professional Engineers in California Government |
| CAPS | California Association of Professional Scientists |
| IUOE | International Union of Operating Engineers |
| UAPD | Union of American Physicians and Dentists |
| CAPT | California Association of Psychiatric Technicians |
| AFSCME | American Federation of State, County, and Municipal Employees |
Memoranda of Understanding (MOUs) โ How Contracts Work โ
What Is an MOU? โ
A Memorandum of Understanding (MOU) is the labor contract produced through collective bargaining. It spells out the terms and conditions of employment for a bargaining unit, including salary, benefits, working conditions, leave policies, grievance procedures, and retirement-related provisions. MOUs typically cover 1-3 year periods.
The MOU Lifecycle (State Level) โ
- Sunshine Meeting: Before negotiations begin, CalHR and the union release initial bargaining proposals at a public meeting, as required by the Dills Act. The public can comment.
- Bargaining: CalHR's management team and the union's negotiating team meet privately to exchange proposals and negotiate.
- Tentative Agreement: When both sides agree, the result is a "tentative agreement."
- Union Ratification: The union presents the tentative agreement to its members for a vote.
- Legislative Approval: The Legislature must vote on the economic provisions and any required law changes (since 2005, the LAO prepares fiscal analyses of proposed MOUs).
- Governor's Signature: After legislative approval, the Governor signs the MOU into effect.
- Continuation: When an MOU expires, its provisions typically continue in effect until a new MOU is ratified.
What MOUs Cover Regarding Pensions โ
While the pension formula itself is set by statute (Government Code and PEPRA) and the employer's contract with CalPERS (not the MOU directly), MOUs can and do address:
- Employee contribution rates โ particularly whether the employer will pick up ("employer paid member contributions" or EPMC) a portion of the employee's required contribution, or whether employees pay above the statutory minimum
- Retirement benefit tiers โ MOUs may reference or trigger contract amendments with CalPERS for different tiers
- Employer contribution cost-sharing โ negotiating who bears the cost of increasing pension obligations
- Supplemental retirement plans โ 457(b), 401(a), or other deferred compensation provisions
- Retiree health benefits โ vesting schedules for post-retirement health coverage
- Service credit purchase provisions โ special terms for buybacks
- see also: CalHR MOU Database โ BU 1 Example
- see also: CASE MOU FAQ (BU 2)
Local Government Bargaining โ The Meyers-Milias-Brown Act โ
Overview โ
The Meyers-Milias-Brown Act (MMBA), codified at California Government Code ยง3500-3511, governs labor relations for all local public agencies in California โ cities, counties, and most special districts. Passed in 1968, it was the last major California public-sector collective bargaining law to be enacted.
How the MMBA Works โ
The MMBA requires local public employers to "meet and confer in good faith" with recognized employee organizations on wages, hours, and other terms and conditions of employment. Key features:
- Unlike the Dills Act (state level), the MMBA was originally enforced through the courts, not an administrative agency. In 2001, the Public Employment Relations Board (PERB) was given jurisdiction over MMBA disputes.
- The employer cannot make unilateral changes to wages or working conditions until bargaining has reached impasse.
- All personnel-related topics are generally subject to negotiations, except where management has a compelling operational need.
- MOUs produced under the MMBA are binding contracts โ this was not always clear in the law's early years but has been firmly established through case law.
Impasse Resolution Under MMBA โ
If negotiations reach impasse, the process follows PERB procedures:
- Mediation โ a neutral mediator assists negotiations
- Factfinding โ a factfinding panel issues non-binding recommendations
- Legislative body action โ the city council or board of supervisors can impose terms as a last resort
There is no mechanism for binding arbitration under California public-sector labor law unless both parties voluntarily agree to it.
For how pension formulas are selected and changed at the local level, see California Pension Formulas โ How Formulas Get Determined.
Other Collective Bargaining Laws โ
| Law | Coverage | Statute |
|---|---|---|
| Ralph C. Dills Act | State of California employees | Gov. Code ยง3512-3524 |
| Meyers-Milias-Brown Act (MMBA) | Local government (cities, counties, special districts) | Gov. Code ยง3500-3511 |
| Educational Employment Relations Act (EERA) | K-12 school districts and community college districts | Gov. Code ยง3540-3549.3 |
| Higher Education Employer-Employee Relations Act (HEERA) | CSU and UC employees | Gov. Code ยง3560-3599 |
| Trial Court Employment Protection & Governance Act | Trial court employees | Gov. Code ยง71600-71674 |
| In-Home Supportive Services (IHSS) Employer-Employee Relations Act | IHSS individual providers | Gov. Code ยง110000+ |
All of these are overseen by PERB โ the California Public Employment Relations Board.
- see also: CSU Collective Bargaining Agreements
- see also: UC Bargaining Units and Contracts
Cost-of-Living Adjustments (COLA) โ
COLA rules vary significantly across California's pension systems:
CalPERS provides a compounding COLA capped at 2% annually for 95.8% of retirees (some agencies contract for 3โ5%). The adjustment is applied to the base allowance each year, and unused inflation protection accumulates in a "COLA Bank." If purchasing power falls below 75% (state/school) or 80% (agencies), a supplemental PPPA payment kicks in.
CalSTRS provides a simple (non-compounding) 2% annual adjustment โ a fixed increase equal to 2% of the original benefit each year. CalSTRS compensates for the lack of compounding with a more protective purchasing power floor of 85% via the Supplemental Benefit Maintenance Account (SBMA).
1937 Act County Systems (LACERA, ACERA, SDCERA, etc.) generally provide a compounding 2% COLA similar to CalPERS, though each county's plan document governs the specifics.
For detailed COLA formulas, compounding calculations, and worked examples, see California Pension Formulas โ COLA.
- see also: CalPERS โ COLA
- see also: CalSTRS โ Inflation Protection
CalPERS Health Benefits (PEMHCA) โ
The CalPERS Health Program is one of the most valuable โ and least understood โ benefits of California public employment. Governed by the Public Employees' Medical and Hospital Care Act (PEMHCA), it provides group health insurance to active employees, retirees, and their families. CalPERS is the largest purchaser of public employee health benefits in California and the second largest in the nation after the federal government, covering over 1.5 million members through nearly 1,200 contracting agencies.
Why It Matters for Retirement โ
In the private sector, employer health insurance almost always ends the day you stop working. In California public service, health coverage continues into retirement โ at group rates, with an employer contribution, for the rest of your life. This single benefit can be worth hundreds of thousands of dollars over a 30-year retirement compared to buying individual insurance on the open market.
Who Is Eligible โ
To continue CalPERS health benefits as a retiree, you must meet all of the following:
- Retire within 120 days of separating from employment (separation and retirement dates cannot be the same date)
- Receive a monthly retirement allowance from CalPERS, CalSTRS, or another California public retirement system
- Be enrolled in CalPERS health (or be a dependent of an enrollee) at the time of separation
- Your last employer must contract with CalPERS for health benefits for your bargaining unit
Vesting for Employer Contributions โ
Eligibility to enroll and eligibility to receive the employer contribution toward your premium are two different things. Vesting rules determine how much your employer pays:
State of California and CSU employees:
- Hired before 1/1/1985: 100% of the state's contribution immediately
- Hired 1985โ2010: 100% after 10โ20 years of service (varies by bargaining unit)
- Many bargaining units hired after ~2011: 25-year vesting to receive 100% of the state's contribution
Local agency and school employees:
- Employer contribution is set by each agency's contract with CalPERS โ varies widely
- Some agencies pay 100% of the premium; others pay a flat dollar amount (PEMHCA minimum was $157/month in 2025)
- Agencies can adopt vesting resolutions that require 10, 15, or 20+ years for full contribution
- Always check your agency's specific resolution โ this is one of the most important compensation details when evaluating a government job
What's Covered โ
CalPERS offers a wide selection of health plans across all 58 California counties:
- HMOs (Kaiser, Blue Shield, Anthem, Health Net, others depending on county)
- PPOs (PERS Platinum, PERS Gold โ available nationwide)
- EPOs (in counties with limited HMO access)
- Medicare Advantage and Supplement plans for retirees 65+
Plans include medical, and some include integrated dental and vision riders. Prescription drug coverage is included in all plans. Premiums are negotiated annually by CalPERS โ you benefit from the collective bargaining power of 1.5 million members.
How It Works with Medicare โ
When you turn 65 and become Medicare-eligible, you're required to enroll in Medicare Parts A and B. Your CalPERS plan then becomes secondary coverage, and you transition to a CalPERS Medicare plan โ which typically has lower premiums than the Basic (pre-65) plan. The combination of Medicare + CalPERS provides comprehensive coverage with minimal out-of-pocket costs.
CalPERS Health vs Private Sector โ
| CalPERS Health (Public) | Typical Private Employer | |
|---|---|---|
| Coverage in retirement | Continues for life at group rates | Ends at separation (COBRA for 18 months, then you're on your own) |
| Employer contribution | Continues into retirement (vesting applies) | Stops completely |
| Plan selection | 15+ plans, negotiated annually | Employer's choice, may change or be eliminated |
| Medicare coordination | Seamless transition to CalPERS Medicare plans | No employer plan to coordinate with |
| Dependents | Covered (including surviving spouse) | Coverage ends |
The Healthcare Gap: CalPERS vs No CalPERS โ
If you retire before 65 without CalPERS health, you face the "healthcare gap" โ buying individual insurance on the ACA marketplace at full cost ($800โ2,000+/month depending on age and family size). If you retire with CalPERS health, your employer contribution continues, and you stay in a group plan at negotiated rates. This difference alone can be worth $10,000โ25,000/year.
- see also: CalPERS โ Health Program for Employers
- see also: CalPERS โ Health Program Contracting Agencies
- see also: CalPERS โ Retiree Eligibility & Enrollment
- see also: CalPERS Health Program Guide (PDF)
- see also: 2026 Health Benefit Summary (PDF)
Social Security and the WEP/GPO Repeal โ
Social Security Coverage in California โ
Not all California public employees participate in Social Security. Whether you're covered depends on your employer's election:
- CalPERS agencies "coordinated" with Social Security โ most cities, counties, and special districts participate in both CalPERS and Social Security. Employees pay the 6.2% Social Security payroll tax and earn full Social Security credits alongside their CalPERS pension.
- CalPERS agencies NOT coordinated โ some agencies (including the State of California for many classifications) opted out of Social Security decades ago. These employees contribute only to CalPERS and earn no Social Security credits from that employment.
- CalSTRS members โ California public school teachers do not participate in Social Security through their teaching employment. This made CalSTRS members among the most affected by the Windfall Elimination Provision (WEP) nationwide.
- UC employees (UCRP) โ University of California employees are covered by Social Security in addition to UCRP.
If you have Social Security credits from prior private-sector work and a non-Social-Security-covered government pension, the WEP and GPO historically reduced your Social Security benefits โ sometimes dramatically.
The Social Security Fairness Act (January 2025) โ
On January 5, 2025, President Biden signed the Social Security Fairness Act (P.L. 118-273) into law, permanently repealing both the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO).
What was repealed:
- WEP (enacted 1983) reduced Social Security retirement benefits for workers who earned a pension from employment not covered by Social Security. A CalSTRS retiree who also worked enough private-sector years to qualify for Social Security would see their Social Security check reduced โ sometimes by hundreds of dollars per month.
- GPO (enacted 1977) reduced Social Security spousal or survivor benefits by two-thirds of the government pension amount. A teacher's surviving spouse could lose their entire Social Security survivor benefit because of the teacher's CalSTRS pension.
What it means for California public employees:
California had more affected beneficiaries than any other state. The repeal means:
- CalSTRS retirees with private-sector Social Security earnings now receive their full, unreduced Social Security benefit
- Surviving spouses of CalSTRS and non-SS-coordinated CalPERS retirees now receive full Social Security survivor benefits
- State employees and others at non-SS-coordinated agencies who also earned Social Security credits get their full benefit
- Retroactive payments back to January 2024 were distributed by mid-2025, totaling $17 billion nationwide
This makes the total retirement package for California public employees even stronger than before. A CalSTRS member who also has 20 years of private-sector Social Security credits now keeps both the full pension and full Social Security โ no penalty.
- see also: SSA โ Social Security Fairness Act Implementation
- see also: LACERA โ Victory! WEP/GPO Penalties Repealed
- see also: CalSTRS โ Member Resources
Key Pension Terms Glossary โ
| Term | Definition |
|---|---|
| Classic Member | A CalPERS/CalSTRS member who first joined before 1/1/2013 and has maintained continuous membership or reciprocity |
| PEPRA Member | A "new member" who first joined a California public system on or after 1/1/2013 without reciprocity |
| Benefit Factor / Age Factor | The percentage of final compensation earned per year of service, which increases with retirement age |
| Final Compensation | Highest average annual salary over 12 or 36 consecutive months (depending on formula and hire date) |
| Service Credit | Total years and partial years of qualifying employment |
| Normal Cost | The annual cost of pension benefits earned during the current year |
| Unfunded Accrued Liability (UAL) | The difference between promised benefits and current assets |
| COLA | Cost-of-living adjustment โ typically 2% annual cap for most CalPERS contracts |
| EPMC | Employer Paid Member Contributions โ when the employer pays part of the employee's required contribution |
| Vesting | Achieving eligibility for a pension benefit โ typically 5 years of service credit |
| Reciprocity | Agreement between California public systems allowing coordinated benefits when moving between systems |
| Sunshine Meeting | Required public meeting before bargaining begins where initial proposals are disclosed |
| Impasse | When bargaining parties cannot reach agreement after good-faith negotiations |
| COLA Bank | Accumulated unused COLA when inflation is below the contracted cap, applied in future high-inflation years |
| MOU | Memorandum of Understanding โ the labor contract between employer and bargaining unit |
| PERL | Public Employees' Retirement Law โ the statute governing CalPERS |
| CERL | County Employees Retirement Law of 1937 โ the statute governing the 20 county systems |
Key Legal and Constitutional Foundations โ
| Authority | What It Does |
|---|---|
| CA Constitution, Article XVI, ยง17 | Grants pension boards plenary authority and fiduciary responsibility; benefits to members take precedence over all other duties |
| Proposition 162 (1992) | The "California Pension Protection Act" โ amended Article XVI ยง17 to give boards sole fiduciary control |
| PERL (Gov. Code ยง20000+) | The Public Employees' Retirement Law โ governs CalPERS |
| CERL (Gov. Code ยง31450+) | The County Employees Retirement Law of 1937 โ governs the 20 county systems |
| Education Code Part 13 (ยง22000+) | The Teachers' Retirement Law โ governs CalSTRS |
| PEPRA (Gov. Code ยง7522+) | The Public Employees' Pension Reform Act of 2013 โ reform law applying to all systems |
| Dills Act (Gov. Code ยง3512+) | State employee collective bargaining |
| MMBA (Gov. Code ยง3500+) | Local government collective bargaining |
| California Rule | Judicial doctrine holding that pension benefits constitute a contractual obligation that generally cannot be reduced for service already earned |
Useful Resources โ
Official System Websites โ
Bargaining and Labor Relations โ
Research and Transparency โ
- Transparent California (pension data)
- PPIC Public Pensions
- Equable Institute CA Pensions
- Ballotpedia CA Pensions
Key CalPERS Publications โ
- PUB 4 โ Benefits Guide for State Members
- PUB 5 โ Benefits Guide for Public Agency Members
- PUB 16 โ When You Change Retirement Systems (Reciprocity)
- CalPERS-1187 โ Reciprocal Self-Certification Form
Last updated: June 2025. This guide is for informational purposes only. Pension laws are complex and subject to change. For individual benefit questions, contact your retirement system directly.