Westly
Westly v. California Public Employees' Retirement System Board of Administration
Opinion
lead Opinion
Blease, J.
At issue is the meaning of the provision of article XVI, section 17 of the California Constitution (Article XVI, section 17), that grants the Board of Administration (the Board) of the California Public Employees’ Retirement System (CalPERS) “plenary authority . . . for . . . administration of the system . . . .”
Article XVI, section 17 provides in pertinent part: “Notwithstanding any other provisions of law or this Constitution to the contrary, the retirement board of a public pension or retirement system shall have plenary authority and fiduciary responsibility for investment of moneys and administration of the system, subject to all of the following: . . . .”
The state Controller, 1 challenges the Board’s 2 assertion of plenary authority to exempt its employees from civil service, to bypass the Controller’s duty to issue warrants for the pay of employees, and to issue stipends, salaries, and other payments in excess of the amounts permitted by the Government Code. 3
The trial court granted the Controller’s motion for judgment on the pleadings on all but the sixth cause of action, which challenges the Board’s authority to exempt its portfolio managers from the civil…