Skip to main content

Risk Management

Proposition B Information for Separated Employees

What’s New

January 2024 (Election Window Begins): Separated employees impacted by Proposition B will have an opportunity to purchase service credit in SDCERS during a special 60-day window:

  • January 15, 2024: Election window begins. An election kit will arrive to your address. Please allow time for mailing. If you don’t receive your kit by January 19th, please email PropB@sandiego.gov.
  • March 15, 2024: Election window closes. Submit your choice following the instructions in your election kit by midnight.

Questions? The City of San Diego has a dedicated email address to answer your questions. Please email your questions to PropB@sandiego.gov . If you would prefer to ask your questions by phone, simply send an email with your contact information. Due to the limited election window timing, the City is committed to responding to inquires as soon as possible but may take up to three business days. You can also ask a question during one of our education sessions. Check out the education session schedule below.

Live Education Sessions

Please join a virtual Prop B Education session to learn more about your options as a separated employee. These sessions are hosted by the City and SDCERS. You will have an opportunity to ask questions during these meetings.

Date

Time

Location

January 25, 2024

9 – 10 AM PT

Zoom: https://sandiego.zoomgov.com/j/1608894064?pwd=RmdzNUo0YVRWR3VSQzhJU1JHYWs2dz09

 

February 9, 2024

1 – 2 PM PT

Zoom: https://sandiego.zoomgov.com/j/1616395714?pwd=TFBjUVhHbFd1RFoyb3FlV0NzVU9YZz09

March 1, 2024

1 – 2 PM PT

Zoom: https://sandiego.zoomgov.com/j/1603462971?pwd=WXRqalB0NU9HZTF6OUVEeHBwdFFRUT09

March 14, 2024

1 – 2 PM PT

Zoom: https://sandiego.zoomgov.com/j/1617605213?pwd=U1NJajc3VGYzb1o1TFBKaG5oZHJWZz09

2024 Prop B Election Window

The following information is intended for Local 145, MEA, Local 127, and DCAA separated employees impacted by Proposition B:

When you were employed with the City of San Diego (City), the City’s Proposition B Charter amendments excluded you from participating in the City’s defined benefit pension plan known as the San Diego City Employees’ Retirement System (SDCERS). Because of Proposition B, you were placed in the City’s SPSP-H defined contribution plan. The courts have since invalidated Proposition B and in early 2023, the terms of a “Prop B Settlement Agreement” for separated employees were concluded and signed with DCAA, Local 145, MEA, and Local 127. The San Diego City Council later approved these agreements (see copies of these agreements below).

As a result, you now have the opportunity to purchase service credit in SDCERS for your prior period of employment with the City.  The following steps provided below explain the process and the associated deadlines will be for purchasing service credit in SDCERS.  For separated union employees, the City’s “make whole” obligations will apply to the purchase of this service credit if you comply with these deadlines.  Among other relevant considerations related to making this purchase (or not) will be your career plans and whether you are now or are likely in the future to be working for a reciprocal agency (whether or not you return to City service) such that the reciprocity opportunity described below may be a major factor (see Reciprocity section for more information).

January 15, 2024 Election Window Begins. Please review your election kit that was mailed to your home address. If you have not received your kit, please email PropB@sandiego.gov for a resend.
March 15, 2024 Election Window Deadline. Submit your choice via the online election form by this date. The link for the online form is included in your election kit.
May 14, 2024

SDCERS purchase funding deadline.

  • Union Employees that withdrew funds from their SPSP-H and all Unrepresented employees: SDCERS will contact you after March 15th with specific instructions to complete your purchase of SDCERS service credit. Funds used to make your purchase must be submitted to SDCERS by the funding deadline for May 14, 2024.
  • Union employees that did not withdraw their SPSP-H: The City will be completing the transfer of funds from your SPSP-H to your SDCERS member account by the funding deadline. There is no further action required by you during this time.

Note about reciprocity (if applicable): If you purchase service credit in SDCERS, as described in the timeline above, you would then become a member of SDCERS. After becoming a member, you will have access to the online SDCERS member portal in which you will be able to submit an online reciprocity request. After SDCERS receives your reciprocity request, staff will contact the reciprocal agency you have listed to request the information needed to establish reciprocity. Once all data is received and processed, SDCERS will send you a letter stating whether or not reciprocity has been established. (see reciprocity section below for more details)

Reciprocity

Understanding How Reciprocity Works Before Making Your Purchase Decision

Reciprocity is an agreement among certain California public retirement systems, including SDCERS, which allows members to change jobs between “reciprocal” retirement systems in California and combine service credit in each system to meet vesting and eligibility requirements.

SDCERS has reciprocity with CalPERS and San Diego County, as well as most other public retirement systems in California – major exceptions include the Judges’ Retirement Systems (JRS and JRS II), Legislators’ Retirement System (LRS), California State Teachers’ Retirement System (CalSTRS), University of California Retirement Plan (UCRP), and any federal retirement system.

If you join SDCERS by purchasing your prior City service credit when offered in January 2024, you may be able to establish reciprocity with a reciprocal public retirement system based on employment with another public employer.  This could be the determining factor when considering whether it is worth it for you to purchase your missed prior City service when Prop B was in effect.  Unfortunately, SDCERS will not be able to confirm whether you will be eligible to establish such reciprocity in advance of your decision to purchase service credit under the process and procedure described above. This is because SDCERS cannot act on a reciprocity application until you become a member of SDCERS and establishing membership requires you to make the purchase of service credit as outlined in Steps 1 and Step 2  above. Once your purchase is completed you can create an SDCERS member account online and submit your reciprocity application. In response, SDCERS will then process your application by exchanging information with the targeted reciprocal system and, if you meet the eligibility requirements for both systems, your reciprocity will be established.

Although SDCERS cannot confirm your eligibility for reciprocity with another system before you make the purchase of missed service credit, you can become informed about the eligibility requirements for establishing reciprocity and, on this basis, make a better judgment about the likelihood that reciprocity will be available to you when deciding whether to purchase your missed service credit.  For example, there are key rules related to reciprocity which must be followed:

  • There can be no overlap of participation in retirement systems: The dates that you would have participated in SDCERS, had Prop B never existed, and your participation dates with the other retirement system, cannot overlap.
  • Any gap in employment between jobs must be less than 6 months: The gap of time between your hire and/or termination date with the City of San Diego and the reciprocal system cannot be greater than 6 months.
  • You must leave your contributions on deposit with the reciprocal retirement system: If you have already retired or withdrawn your contributions from the other retirement system, this will disqualify you from being eligible to establish reciprocity with SDCERS because all contributions must remain on deposit and retirement from all reciprocal systems must occur on the same day.

For more information on Reciprocity, please visit the following page:   https://www.sdcers.org/Resources/Subject-Plan-Booklets/Reciprocity-(1).aspx

Agreements

San Diego City Council has approved the terms of the Prop B Settlement Agreements for separated employees. Copies of the agreements can be found below:

If you were unrepresented during your time with the City, these agreements do not apply to you, however, you will still have the opportunity to purchase service credit in SDCERS as described in the “2024 Prop B Election Window” section above.

Frequently Asked Questions

What is Proposition B?

In 2012, voters approved Proposition B (Prop B), an initiative prohibiting all new City employees, except sworn police officers, from participating in the SDCERS defined benefit pension plan. The City used a defined contribution plan known as the “SPSP-H” to replace the SDCERS defined benefit pension available to all pre-Proposition B employees. Four of the City’s Unions challenged the legality of the Prop B charter amendments and, after years of litigation before the Public Employment Relations Board (PERB), the 4th District Court of Appeal, the California Supreme Court, and the San Diego County Superior Court, Prop B has been declared invalid and has been struck from the City Charter.

Who is impacted by Proposition B?

Proposition B impacted all employees, except sworn police officers, that were originally hired between July 20, 2012 and July 9, 2021. Employees working in a standard hour position would have been excluded from participating in SDCERS, and instead participated in the SPSP-H plan.

How does the invalidation of Proposition B impact separated union employees?

In early 2023, the terms of a “Prop B Settlement Agreement” for separated employees were concluded and signed with MEA, Local 127, DCAA and Local 145, and the San Diego City Council approved these agreements. The agreements assure that all separated employees impacted by Prop B will have  an opportunity to purchase service credit in the City’s defined benefit pension plan, the San Diego City Employees’ Retirement System (SDCERS), for all years of prior City employment when you were unlawfully excluded from SDCERS due to Proposition B. Check out the “agreements” section of this webpage to review more.

How does the invalidation of Proposition B impact those separated employees that were unrepresented?

If you were unrepresented during your City employment, you will still have the opportunity to purchase service credit in SDCERS during the same election window, described in the 2024 Prop B Election Window section above. However, unrepresented time is not eligible for the make-whole provisions nor the 7% penalty payment, as described in the union agreements.

When will I be given the opportunity to purchase service credit in SDCERS?

You will have a defined 60-day period to make your decision to purchase your missed service credit. This window will take place from January 15 through March 15, 2024..

Will I be eligible to receive the 7% penalty payment (Union Employees Only)?

As part of the court order invalidating Proposition B, the Public Employment Relations Board (PERB) ordered the City to pay a penalty to impacted union employees that join SDCERS. As a result, if you purchase service credit in SDCERS, as described in your kit in the 2024 Prop B Election Window section above, you may be eligible to receive a cash payment. The calculation of the payment is outlined in the Prop B Settlement Agreements

  • If you purchase SDCERS service credit and your penalty calculation results in a positive number, the City will issue you a cash payment following the completion of your purchase.
  • If you purchase SDCERS service credit and your penalty calculation results in a negative number or zero, you will not receive a cash payment. If eligible, you will receive your penalty payment shortly after all employees complete their funding during this limited election window. The City will contact you during this process to update you on the timing of payment.

If you do not purchase service credit in SDCERS, you will not be eligible for this payment. Additionally, unrepresented separated employees are not eligible for the penalty payment.

Am I required to take action?

Yes, by March 15, 2024, please complete the instructions in your election kit by submitting your choice on the online election form: 

  • If you are electing not to purchase SDCERS service credit, there is no further action required.
  • If you are electing to purchase SDCERS service credit, you must complete all steps outlined in your election kit.

If you don’t respond by March 15, 2024, you will not be eligible to purchase SDCERS service credit during this limited window.

What happens to any funds deposited into my SDCERS account?

If you choose to purchase your SDCERS service credit and join the system, the funds used for the purchase will be deposited into your SDCERS member contribution account. There, they will earn annual compounded interest, applied every June 30th, at the discount rate (currently 6.5%). You will be able to withdraw or rollover the funds that accrue in this account at any time, so long as you are not actively working for the City in a position eligible for membership. However, if you later withdraw or rollover the funds in your SDCERS account, you will lose the service credit purchased and, if applicable, break reciprocity established with a reciprocal system.

What are the SDCERS vesting requirements?

Being a Member of SDCERS entitles you, when eligible, to a benefit from the time you retire until your death, as well as other benefits. Provisions for a beneficiary to receive a benefit upon your death are also available. To become eligible to service retire from SDCERS and start receiving a monthly benefit, you must meet the following requirements: 

Safety Members (e.g., sworn Police, Fire, and Lifeguards)

  • Age 50 (or older) with 20 or more years of service credit; or
  • Age 55 (or older) with 10 or more years of service credit

General Members (i.e., Members other than Safety Members)

  • Age 55 (or older) with 20 or more years of service credit; or
  • Age 62 (or older) with 10 or more years of service credit

How is the SDCERS pension benefit calculated?

Your service retirement benefit is based on a formula which includes: 

  • Age-Based Retirement Factor determined by plan tier and age at retirement;
  • SDCERS Service Credit;
  • Final Compensation; and
  • Cost of Living Annuity

What happens if I complete the purchase of service credit but I never reach the 10 year SDCERS vesting requirement?

If you complete the available purchase of your SDCERS service credit during the window, you will not meet the minimum vesting requirement (10 years) for a lifetime pension benefit under the SDCERS plan unless you achieve those 10 years by returning to City employment or by establishing reciprocal service with another public employer. However, you do not forfeit the funds in your SDCERS employee contribution account and those funds will earn interest annually at the SDCERS’ assumed rate which is currently 6.5%. If you make the purchase but later determine that you will not return to City employment or will not remain in City employment to achieve 10 years of service credit for vesting purposes – or that reciprocity will not be available to you, you are entitled to a withdrawal of your SDCERS member contribution account. Your account would include the funds that were deposited into the account as a result of your SDCERS service credit purchase, plus all interest earned and compounded annually as of June 30th. Unlike other investment options, those funds are not at risk; they are not subject to a loss of principal and they will always earn interest.

Where can I find more information on the SDCERS pension plan?

To learn more about SDCERS, visit https://www.sdcers.org. Select the “Resources” tab to view a variety of pension plan information.

What if I have questions?

Please email any questions to PropB@sandiego.gov.