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CalPERS retirement and unreported sick time

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  • CalPERS retirement and unreported sick time

    Maybe some of you retirees will know if what I'm being told is correct or can give me some advice. I retired about a year and a half ago. Per my MOU, I was able to cash out a small percentage of my unused sick time and I knew from speaking with CalPERS that the rest of my unused sick time would be reported to them and would be calculated into service time. I even spoke about this with HR when I was processing out, I remember she wasn't sure if it was her responsibility or someone in the Finance dept. Because the city is so back-assward I decided recently that I should check on that. I learned from CalPERS that the unused sick time had not been reported. So I contacted my former employer, the person that I spoke with in finance wasn't sure if she was supposed to handle that or if HR was supposed to do it, it ended up being the responsibility of HR, so I got in touch with HR, HR told me that she wasn't sure if they could report the unused sick time to CalPERS because I had cashed out some of it, so she was forwarding info to the law firm that represents the city to get their ruling on it, she was eventually told that they could not report my unused sick time to CalPERS. My MOU says nothing about reporting unused sick time or not reporting it, it's part of the CalPERS contract. So I'm not sure if the info I received is even correct or just some lawyer's opinion. Of course I emailed HR back since that is how she told me of the law firm's decision, and asked her to direct me to the part of the MOU that relates to the unused sick time and no response, not surprised though, I'm going to call her next week.

  • #2
    If memory serves me correctly, any unused sick leave is converted to additional service credit if the employee retires within 120 days of separation from employment. Eight hours of sick leave equals one day (. 004 of a year of service). It takes 250 days of sick leave to receive one year of service credit. Sick leave that is cashed out would not receive credit.

    Now, MOUs can modify that. If your MOU says something different, you need to go by that language.
    Going too far is half the pleasure of not getting anywhere

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    • coltleo
      coltleo commented
      Editing a comment
      Unfortunately my MOU says nothing about unused sick time and the reporting to CalPERS, it only mentions how much time can be cashed out. I wish it did because it would be a lot easier to figure out if I'm getting screwed. No one in HR or Finance even mentioned the sick time conversion to me when I was processing out, I learned from PERS about the unused sick time conversion and the fact that my employer's CalPERS contract allows for the conversion.

    • L-1
      L-1 commented
      Editing a comment
      Nonetheless, your POA is your exclusive bargaining agent in labor issues. They can still rattle HR's cage about fulfilling their obligation to report unused sick hours to CalPERS. Just because HR is unfamiliar with the subject doesn't excuse them from their responsibilities. This, combined with you reporting your unused hours tro CalPERS and requesting and investigation (confirmation of the hours) and credit for them should resolve the matter.

  • #3
    I would offer two recommendations. Get a printout from your employer listing how much unused sick time you had that was not cashed out and submit it to CalPERS, adviding that your employer failed to report it and asking that they investigate and give you credit. Also, your POA should be your exclusive representative. Check with them and see if they can rattle a few cages wit your employer and get them to report it.

    Going too far is half the pleasure of not getting anywhere

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