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Highest-paid UC execs demand millions in benefits

Suit threatened unless retirement benefits are raised

December 29, 2010|By Nanette Asimov, Chronicle Staff Writer
  • retirement benefits
    University of California President Mark Yudof makes an announcement during a news conference at UC offices in Oakland, Calif., Monday, Nov. 8, 2010. UC is considering proposals to raise student tuition by 8 percent, expand financial aid and reduce pensionbenefits for future employees.
    Credit: Paul Sakuma

(12-29) 11:23 PST — Three dozen of the University of California's highest-paid executives are threatening to sue unless UC agrees to spend tens of millions of dollars to dramatically increase retirement benefits for employees earning more than $245,000.

"We believe it is the University's legal, moral and ethical obligation" to increase the benefits, the executives wrote the Board of Regents in a Dec. 9 letter and position paper obtained by The Chronicle.

"Failure to do so will likely result in a costly and unsuccessful legal confrontation," they wrote, using capital letters to emphasize that they were writing "URGENTLY."

Their demand comes as UC is trying to eliminate a vast, $21.6 billion unfunded pension obligation by reducing benefits for future employees, raising the retirement age, requiring employees to pay more into UC's pension fund and boosting tuition.

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The fatter executive retirement benefits the employees are seeking would add $5.5 million a year to the pension liability, UC has estimated, plus $51 million more to make the changes retroactive to 2007, as the executives are demanding.

The executives fashioned their demand as a direct challenge to UC President Mark Yudof, who opposes the increase.

"Forcing resolution in the courts will put 200 of the University's most senior, most visible current and former executives and faculty leaders in public contention with the President and the Board," they wrote.

Three dozen sign on

Without naming Yudof, the executives claim that denying their benefit increase would breach UC's code of ethics, place Yudof in a conflict of interest and jeopardize the system's ability to recruit top employees.

The 36 executives who signed the letter include Mark Laret, chief executive officer of UCSF Medical Center; Christopher Edley Jr., dean of the UC Berkeley law school; and Marie Berggren, chief investment officer for the UC system.

They want UC to calculate retirement benefits as a percentage of their entire salaries, instead of the federally instituted limit of $245,000. The difference would be significant for the more than 200 UC employees who currently earn more than $245,000.

Under UC's formula, which calculates retirement benefits on only the first $245,000 of pay, an employee earning $400,000 a year who retires after 30 years would get a $183,750 annual pension.

Lift the cap, and the pension rises to $300,000.

1999 promise cited

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