CalSTRS Policy on Designating Precedential Decisions
Upon recommendation from the Assistant General Counsel, the CalSTRS Teachers’ Retirement Board Appeals Committee may designate an administratively adjudicated decision or part of an administratively adjudicated decision, adopted by the Appeals Committee pursuant to the standards set forth in the Administrative Procedures Act, as a Precedential Decision when the following criteria are met:
- The decision or part of the decision contains a significant legal or policy determination;
- The decision or part of the decision reflects a rule of general application; and
- The decision or part of the decision relates to a legal or policy issue that is likely to recur in the future.
After the Appeals Committee has designated a decision as a Precedential Decision, the following statement shall be attached to the bottom of the decision: “Pursuant to Government Code section 11425.60, this decision [or “the following part of this decision”] is designated as a Precedential Decision.” If only a portion of the decision is designated as a Precedential Decision, this statement should end with a colon and then specify which part is designated as a Precedential Decision.
The Precedential Decision shall be added to an index containing all of CalSTRS’ Precedential Decisions. This index shall be updated not less frequently that annually, unless there have been no Precedential Decisions designated since the last update. The index shall be made available to the public on the CalSTRS website and its availability shall be publicized annually in the California Notice Registry.
Once a decision or part of a decision has been designated as a Precedential Decision, it is binding in future administrative adjudications unless the Appeals Committee has rescinded the designation.