Implementation of Measure B
Full Text of Measure B
On June 5, 2012, voters of San José passed Measure B – “The Sustainable Retirement Benefits and Compensation Act.” Contrary to what has been widely reported in the media, this so-called “pension reform” measure was not anywhere close to being overwhelmingly approved by the voters of San José. The facts speak for themself –
Measure B Voter Results
YES – 69.02% - 95,716 votes
NO – 30.98% - 42,964 votes
Total Votes Cast – 138,680
Population of San José: 971,372
Registered Voters in San José: 386,804 (39.82% of the population)
Only 24.75% of registered voters supported Measure B! Overall, less than 10% of the residents of San José supported the illegal pension reform measure placed on the June ballot by a majority of the City Council. A legal proposal made by a non-management, rank-and-file coalition was not even considered by City Council. The coalition’s proposal strived to reach an agreement to prevent taxpayers from footing the bill for an unnecessary ballot measure and the city's costly legal fees. The proposal made by the coalition is the best solution for San José because it saves taxpayers billions of dollars, is legal and puts the city's budget on a sustainable course for the future.
Currently Measure B is being reviewed in court. Updates on those cases will be posted here as they become available.
City Council Implementation of Terms and Conditions Regarding Pension Benefits and Retiree Healtchare
Measure B Lawsuits
Download the complaint for breach of fiduciary duty lawsuit.
Download the City's lawsuit against MEF, the POA, IAFF, and IFPTE.
Download AFSCME's lawsuit against the City.
Status of lawsuit.
Download the stipulation that prevents implementation of Measure B no sooner than July 1, 2014.
Download AFSCME's Pretrial Brief.
Download AFSCME's Post Trial Brief.
Download AFSMCE's proposed Statement of Decision.
Download Judge Lucas' tentative decision on Measure B.
Download AFSCME's Objection to Tentative Decision
Download Jude Lucas' final decision on Mesure B. (New)
Summary of Measure B Final Decision
Download the POA's Measure B complaint against the City.
Download the Attorney General and POA's in quo warranto lawsuit against the City
Download the Firefighter's lawsuit against the City.
Download IFPTE Local 21's lawsuit against the City.
Miscellaneous Measure B Documents
- August 21, 2012 – State Audit of San Jose's Retirement Cost Projections (summary)
- August 21, 2012 – State Audit of San Jose's Retirement Cost Projections (full report)
- August 21, 2012 – Statement from Mayor Reed Regarding the State Audit of San Jose's Retirement Cost Projections
- August 21, 2012 – City Response to State Audit of San Jose Retirement Cost Projections
- June 22, 2012 – Mayor's Letter to U.S. Treasury Secretary Seeking to Influence the IRS for a VEP Ruling
- June 13, 2012 – City's Request for Expedited IRS Ruling on Illegal "Voluntary" Election Program (VEP)
- March 6, 2012 – City Council Direction to File an Action for Declaratory Relief IF Measure B Passes [Liccardo]
- March 2, 2012 – Pension Reform [memo by Councilmember Rocha]
- March 2, 2012 – Revised Retirement Reform Ballot Measure [memo by Councilmembers Chu and Kalra]
- March 2, 2012 – Revised Pension Reform Ballot Measure [memo by Reed, Nguyen, Constant, Herrera, Liccardo]
- November 17, 2011 – Councilman Don Rocha Recommendation on Pension Issues
- October 24, 2011 – Councilman Don Rocha Recommendation on Pension Issues
- October 7, 2011 – IRS Approval Required Prior to Implementation of Opt In Programs
- July 6, 2011 – City's Draft Proposed Ballot Measure to Eliminate Worker Pensions (7-5-11)
Retirement/Vested Rights Information
- September 29, 2013 – The Plot Against Pensions
- June 25, 2012 – The Facts Make It Clear: Public Workers and Unions are Not Overpaid
- June 11, 2012 – Attorney General: Bakersfield POA OK to Sue City Over Pension Ballot Meet and Confer Process
- November 28, 2011 – FCERS Responsibilities and Roles with Respect to Modifications to Plan Benefit Design (Richeda Opinion)
- November 24, 2011 – Retiree Health Benefits: Still Protected...Still Misunderstood
- November 24, 2011 – A Short Primer on Retirees' Vested Health Benefits
- November 21, 2011 – California Supreme Court: Vested Right to Health Care Benefits for Retirees Can Be Implied
- November 9, 2011 – California Legislative Analyst's Office: Report on Public Pension and Retiree Health Benefits
- September 15, 2011 – League of California Cities - Legal Analysis on Pension Reform & Vested Rights: Pensions Constitutionally Protected
- The League of California Cities is an association of California city officials who work together to enhance their knowledge and skills, exchange information, and combine resources so that they may influence policy decisions that affect cities.
- July 21, 2011 – Vested Rights of CalPERS Members
- June 16, 2011 – Retired SJ City Attorney Joan Gallo: City Council Action Violates Constitutional Rights
- February 21, 2011 – In Defense of Public Pensions
- January 25, 2011 – Retirement - Tier 2 Benefits Presented to City Council
- March 4, 2008 – City Manager Memo to Employees: Your Pension and Retiree Healthcare Benefits are "Vested"
- February 7, 2008 – Jones Day - Retiree Health Benefits and Vested Rights
Court Cases Supporting Vested Rights
Watch the “Pensiongate” Videos of Mayor Reed Lying
City Council Leaves Unconstitutional Pension Measure on the Ballot
San Jose Officials Caught Lying about Pensions
Unions Call for Pension Investigation
City Manager Fires Back on Pension Projections
San Jose Council Says Show Me the Math
KGO 810AM Interview with Councilman Ash Kalra
SEC Complaint Filed Against Mayor Chuck Reed
Lawsuit Accuses City of San Jose of Breaching Fiduciary Duties
San Jose Pension System Questions: Does a conflict of interest exist in the Retirement Services Department?
State Lawmakers Order SJ Pension Audit
Deputy City Manager: “The number of 650 has been used by our mayor.”
San Jose Unions Sue to Block Pension Reform
$650M San Jose Pension Projection “Unsupported”
Download the State Auditor's report of the City of San José showing that retirement cost projections were unsupported.
Download the ETHICS COMPLAINT against Mayor Reed & Retirement Department Director Crosby
Attorneys Recommend Election Commission Take NO Action on Ethics Complaint
Download the Information Request Regarding Pension Cost Estimates memo that
Councilmembers Kalra, Chu, Campos, Rocha, and Pyle sent to the Rules and Open Government Committee
on February 23, 2012, asking for details about how the $650 million figure was calculated and who developed it.
Download the SEC complaint against Mayor Reed.