CalPERS Board of Administration Agenda Item 8c April 20, 2016: Proposed Decision – In the Matter of the Appeal of Final Compensation of ANDREW MILLER, Respondent, and CITY OF MONTEREY, Respondent

ABSTRACT: Administrative Law Judge Jill Schlichtmann, State of California, Office of Adtninistrative Hearings, heard this matter on February 2, 2016, in Salinas, California, and issued PROPOSED DECISION February 16, 2016. ORDER The appeals of Andrew Miller and the City of Monterey are denied.

Item Name: Proposed Decision – In the Matter of the Appeal of Final Compensation of ANDREW MILLER, Respondent, and CITY OF MONTEREY, Respondent.

Attachments

Attachment A: Proposed Decision
Attachment B: Staff’s Argument
Attachment C: Respondent(s) Argument(s)

Procedural Summary

Respondent Miller submitted an application for service retirement and has been receiving a retirement allowance since July 9, 2013. CalPERS informed Respondents that $427.71 paid semi-monthly to Respondent Miller for additional duties during his last 13 months of employment, and reported as special compensation, would not be included in the final compensation. Respondent Miller and Respondent City appealed this determination and the matter was heard by the Office of Administrative Hearings on February 2, 2016. A Proposed Decision was issued on February 16, 2016, denying the appeals.

CalPERS Board of Administration Agenda Item 8c April 20, 2016, ATTACHMENT A THE PROPOSED DECISION, ATTACHMENT B STAFF'S ARGUMENT and  ATTACHMENT C

RESPONDENTS ARGUMENTS document copies are embedded. 

AGENDA ITEM 8 – PROPOSED DECISIONS OF ADMINISTRATIVE LAW JUDGES

On MOTION by Henry Jones, SECONDED by Ron Lind and CARRIED, the Board adopted the proposed decisions of Administrative Law Judges (ALJ) for Agenda Items 8a through 8n, minus 8e, 8i, and 8m, as the Board’s own decisions with the minor modifications to Agenda Item 8k, as argued by staff.

SOURCE: CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM

BOARD OF ADMINISTRATION

MINUTES OF MEETING

Wednesday, April 20, 2016

item8c-00 by L. A. Paterson on Scribd

CalPERS Board of Administration Agenda Item 8c April 20, 2016

item8c-attacha by L. A. Paterson on Scribd

ATTACHMENT A
THE PROPOSED DECISION
BEFORE THE BOARD OF ADMINISTRATION
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
In the Matter of the Appeal of Final Compensation of: ANDREW MILLER, Respondent, and CITY OF MONTEREY, Respondent.

item8c-attachb by L. A. Paterson on Scribd

ATTACHMENT B
STAFF'S ARGUMENT
STAFF'S ARGUMENT TO ADOPT THE PROPOSED DECISION

item8c-attachc by L. A. Paterson on Scribd

ATTACHMENT C
RESPONDENTS ARGUMENTS
(None Submitted)