Two weeks ago, we updated the status of a Supreme Court grant-and-hold case (Marin Association of Public Employees v. Marin County Employees’ Retirement Association, a high-profile public-pension matter) that is uncommonly waiting for a Court of Appeal decision in another pension matter (Alameda County Deputy Sheriff’s Association v. Alameda County Employees’ Retirement Association.) We noted that the lead Court of Appeal case — Alameda County — had been fully briefed for over 21 months with no oral argument scheduled yet and speculated that the Supreme Court might lose patience waiting for the Court of Appeal.
Today, the Court of Appeal scheduled oral argument in Alameda County. The argument will be in three weeks.
Even with argument now scheduled, it will still likely be a while until there is a final decision in Alameda County and/or in Marin Association. Under the same rule that applies to the Supreme Court, the Court of Appeal will have 90 days after the Alameda County argument to file its opinion. Then, it could take another four months for the Supreme Court to decide whether it wants to hear the Alameda County case. (Spoiler alert: the Supreme Court probably will grant review, regardless of how the Court of Appeal decides the case.) If it does grant review, the Supreme Court will then order briefing in Alameda County, Marin Association, or both. It can be a long time — likely at least one year (see here and here) — from the grant of review to decision in the Supreme Court. So, it might not be until 2019 or 2020 before the pension issues in the Alameda County and Marin Association cases are resolved.
