R
revmeyer
Guest
What is the name of your state?What is the name of your state? CA
I work for a city in ca as a temp at will employee who, in the last 6 yrs has done various jobs within the city. During one of these temp jobs I went over 1000 hrs and the city thought they had to move me into the calpers retirement system. The HR director said the city would pay my contributions to calpers and indeed, for 22 months they did just that. At no time did the city ever say I was to make these payments. I received a memorandum in my paycheck informing me that the city made a payroll error and that I was suppose to be paying for the contributions, so now they wanted their money back and I could pay them back 2 ways: access my retirement account by quitting, or withdrawing it. By both methods I will be paying penalties to access this account as I am not 59 1/2 years old.
In my many letters to the city to protest this error, they have failed to acknowledge my point about the HR directors statement. The HR director says "she made a mistake."
Calpers states in their reporting documents that its the employers responsibility to enroll their employees correctly. How does mistakes and errors become my responsibility?
I know that the city had been paying contributions to another temp for 9 years. He also is being sued. One other employee is paying back.
The city never had to enroll us in pers as I have recently been removed from calpers and put back into the alternate retirement system that I was originally in. The HR director cited a 1997 pers circular as the reason.
The city has given my invoice over to the county for collection. The county never asked for my side of this issue. They went directly to court. I even had a sheriff come to my door to issue the summons.
I want to know how the city can make a known practice into a simple mistake and avoid all responsibility for their actions.
What would be the best way to defend my position?
Thank you.
I work for a city in ca as a temp at will employee who, in the last 6 yrs has done various jobs within the city. During one of these temp jobs I went over 1000 hrs and the city thought they had to move me into the calpers retirement system. The HR director said the city would pay my contributions to calpers and indeed, for 22 months they did just that. At no time did the city ever say I was to make these payments. I received a memorandum in my paycheck informing me that the city made a payroll error and that I was suppose to be paying for the contributions, so now they wanted their money back and I could pay them back 2 ways: access my retirement account by quitting, or withdrawing it. By both methods I will be paying penalties to access this account as I am not 59 1/2 years old.
In my many letters to the city to protest this error, they have failed to acknowledge my point about the HR directors statement. The HR director says "she made a mistake."
Calpers states in their reporting documents that its the employers responsibility to enroll their employees correctly. How does mistakes and errors become my responsibility?
I know that the city had been paying contributions to another temp for 9 years. He also is being sued. One other employee is paying back.
The city never had to enroll us in pers as I have recently been removed from calpers and put back into the alternate retirement system that I was originally in. The HR director cited a 1997 pers circular as the reason.
The city has given my invoice over to the county for collection. The county never asked for my side of this issue. They went directly to court. I even had a sheriff come to my door to issue the summons.
I want to know how the city can make a known practice into a simple mistake and avoid all responsibility for their actions.
What would be the best way to defend my position?
Thank you.