Linda M. Ross

Ross is of counsel at the firm started by former San Francisco City Attorney Louise H. Renne. Earlier, Ross worked for Renne as chief of the labor and employment group in the city attorney’s office. She also served as general counsel to then-Mayor Gavin Newsom.

“The great thing about working for the city was that you could have major cases and argue them yourself,” she said.

Ross is readying for oral argument before the state Supreme Court on a critical pension reform case that could relieve local governments of paying some non-vested benefits. She represents one of the government entities seeking to reduce pension payouts. The case is fully briefed and awaits an argument date. Alameda County Deputy Sheriff’s Assn. v. Alameda County Employees’ Retirement Assn., S247095 (Cal. S. Ct., filed Feb. 16, 2018).

“What’s significant is that for years, everyone assumed it was very difficult to challenge pension benefits, that they were locked in,” Ross said. “We thought they were not necessarily that rigid, that we could change the rules going forward for benefits not yet vested.”

She helped her cause by authoring an amicus brief in an earlier pension reform case at the high court. On March 4, the justices agreed with Ross’ position that so-called “air time”—the opportunity for government workers to purchase additional retirement service credits—is not a constitutionally protected pension benefit. Cal Fire Local 2881 v. California Public Employees’ Retirement System, S239958 (Cal. S. Ct., filed Feb. 8, 2017).

“There never was a vested right to those pension benefits, and we think that’s the issue Cal Fire decided,” Ross said. “Especially important is that the court applied the clear and unambiguous test, and if they use the same test in Alameda County, we think they will also conclude that the different non-vested pension benefits at issue there will also prove to not be constitutionally protected.”

Those benefits include vacation cash-outs, on call pay and other forms of compensation that are arguably separate from basic pensions.

The pension issue has long plagued governments’ budgets. California cities could even become insolvent, Ross argued in her amicus brief, written with law partner Jonathan Holtzman. In that case, a bankruptcy court would have the authority to cut retiree pensions.

“If we prevail in Alameda, there’s the potential for public employers not to be burdened with the tremendous [pension] costs which have come to crowd out other services,” Ross said.

She added that she enjoys the atmosphere Renne has established at her firm. “It’s great working for a great lawyer and a great person,” Ross said. “It’s an environment of opportunity.”

—John Roemer