ARSC
 
What This
Lawsuit Is About
See If you might have
a Claim against CalPERS
Class Action Lawsuit Against CalPERS

How does one join the class action lawsuit if you think you have a claim against CalPERS?

First, investigate whether you have a claim that is potentially covered by the lawsuit. You have to be a CalPERS member who:
  • Bought air time, military service time, or other similar types of service credit;
  • Suffered an industrial disability, making you unable to continue working; and
  • Took CalPERS retirement because of your disability.
If these don't apply to you, then you do not have a claim ̶ at least not yet. Just so you know, the lawsuit has also been filed on behalf of people who may buy air time or similar service credit in the future, or people who already bought such service credit but have not yet suffered a disability.

Second, keep in mind that we won't officially represent a class of plaintiffs until the Court "certifies" the case. This means the judge has a hearing and decides whether we will be allowed to represent everyone who has similar claims, not just the people named as plaintiffs. The certification hearing will not happen until many months down the road, probably not before the end of 2011.

Third, California is what is called an "opt out state". That means that if a lawsuit is certified as a class action, the suit will automatically represent anyone who suffered similar harm (anyone who fits the definition of "class member" according to the Court) unless someone explicitly notifies the Court that he or she does not want to participate. If you fit the definition of "class member" and do nothing, you will automatically be included in a the class (although you will eventually need to file a formal claim to participate in any settlement once it gets to that point).

Getting a case certified as a class action is just the first step. To prosecute the lawsuit in Court, the attorneys collect documentary evidence and testimony to support our claims, and eventually go to trial. Sometimes there is a settlement. All of this will undoubtedly take quite some time.

In the meantime, we will start collecting as much information as we can about how many people have been harmed by CalPERS' policies and procedures. IF you interested we are looking for you to give us evidence that could help us prove our case down the road. If you believe you have a potential claim against CalPERS that is covered by the lawsuit, there are several things you can do:

  • Read the Class Action Complaint so you have a better understanding of our allegations;
  • Fill email update so that we have your pertinent information and can contact you later if necessary;
  • Make sure to enter your email address for updates on the case;
  • Start collecting copies of any documents that will help prove your individual case. That includes things like copies of your contract to purchase air time or similar service credit, canceled checks showing the payments you have made, CalPERS paperwork about your disability ruling and your retirement, your annual statements from CalPERS, and so on. If you don't have copies of these, contact CalPERS and ask for a copy of all the paperwork in your CalPERS member file.
  • Finally, be informed. We believe that there are many CalPERS members who have been hurt by its unlawful practices and procedures. If you know anyone that retired because of a disability and may have purchased air time or similar service credit, urge them to inform themselves as well.