UCLRG Status report 9/12/11

 

 

Appeal:

 

We have almost $35,000 now available for funding our appeal. We do not yet have a signed contract for the additional work from our lawyers. The official notice of appeal has been filed and appropriate pieces of legal paper are being used to grease the skids.

 

 

Orange County Case:

 

Retired Employees Association of Orange County v. County of Orange, Cal. Supreme Court Case No. S184059:

 

 

The case has been scheduled for a hearing on October 3, 2011, at the California Supreme Court in San Francisco. The court then has 90 days after the hearing to make a ruling. That means that, barring unforeseen circumstances, we should know the results by Christmas. I just hope that we don’t get a lump of coal in our stocking.

 

This case was originally filed in U. S. District Court (federal court). The Plaintiffs lost and appealed to the Ninth Circuit Court of Appeal. There is a procedure allowing the Ninth Circuit to ask the California Supreme Court for guidance on a matter involving California law. In this case, the Ninth Circuit asked the Supreme Court to consider the following question: “Whether, as a matter of California law, a California county and its employees can form an implied contract that confers vested rights to health benefits on retired county employees.”

 

The answer to this question may have a significant impact on our case.

 

There have been a number of amicus curiae (friend of the court) filings representing both state agencies and labor organizations. UC’s law firm is working with Contra Costa and Sonoma counties on their filings.

 

For those that don’t know what the Orange County case is about, here is the official court summary

 

Case Summary

Supreme Court Case:

S184059

Court of Appeal Case(s):

no data found

Case Caption:

RETIRED EMPLOYEES ASSOCIATION v. COUNTY OF ORANGE

Case Category:

Question of Law - Civil

Start Date:

06/30/2010

Case Status:

scheduled for argument

Issues:

Request under California Rules of Court, rule 8.548, that this court decide questions of California law presented in a matter pending in the United States Court of Appeals for the Ninth Circuit. As stated by the Ninth Circuit, the question presented is: "Whether, as a matter of California law, a California county and its employees can form an implied contract that confers vested rights to health benefits on retired county employees.

Case Citation:

none

 

 

Non-Profit Status

 

We have formally applied to the IRS for our non-profit status. We had been waiting for approval of our restated Articles of Association from the Secretary of State. They have not yet acted, although they cashed our check many months ago. We talked to the IRS who pointed out filing for non-profit status required State approval of Articles for Corporations but not Articles of Unincorporated Associations. To meet our requirement of filing within 27 months of formation, we went ahead and applied rather than waiting longer for the State,