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For most employees, these matters are determined through the collective bargaining process. It is authorized by the California Government Code §19815 through §19999.7 and §3512 through §3524 (otherwise known as the Ralph C. Dills Act), as well as the California Code of Regulations, Title 2, §599.600 through §599.995.
The California Public Employees' Retirement System (CalPERS) is an agency in the California executive branch that "manages pension and health benefits for more than 1.5 million California public employees, retirees, and their families".
A three-part analysis is used to decide whether ERISA preempts state law. First, preemption is presumed if the state law "relates to" any employee benefit plan. Second, a state law relating to an employee benefit plan may be protected from preemption under ERISA if it regulates insurance, banking, or securities.
This includes the California Correctional Peace Officers Association, whose contract cost an estimated $1 billion and gives them an enhanced retirement benefit.
In many states, public employee pension plans are known as Public Employee Retirement Systems (PERS). Pension benefits may or may not be changed after an employee is hired, depending on the state and plan, as well as hiring date, years of service, and grandfathering. Retirement age in the public sector is usually lower than in the private sector.
The minimum benefit is $50 per week, and the maximum benefit is updated each year. The "base period" for determining benefits is defined as 12 months divided into four consecutive quarters, excluding the quarter immediately prior - i.e., the lookback period is ~17 months pre-disability up to ~5 months pre-disability.
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