Not everyone is excited about the measure, though.  "I think it's ideologically driven by people who simply don't believe that there should be a pension system for public employees, period," said  union activist Rick Shimmel.

"We don't see the 401(k) as a pension plan. We see it as a savings vehicle to help people during their retirement years.  401(k)s carry no guarantee, and that's the distinction between a defined-contribution system and defined-benefit system."

Still, according to a California Public Policy poll last year, 73 percent of voters in California favor moving new public employees into 401(k)s.

Brooks' attorney told the Pacific Coast Business Times that his client was promised his retirement package would include the standard pension and supplement, which allows retirees to "spike" their pensions upwards by using saved vacation time, sick time, bonus pay and uniform allowances.

Indeed, an analysis by the Los Angeles Times found that 84 percent of roughly two-dozen Ventura County retirees with pensions  in excess of $100,000 made more money in retirement than when working.  And in the state as a whole, 20,000 employees have pensions in excess of $100,000.

The mayor of San Jose is advocating a change to the system as a whole and wants to file a statewide reform measure that would trim the benefits of current public employees while also funneling all new employees into 401(k)s.

It is necessary, he says, to reduce California's $500 billion shortfall.

The unions, not surprisingly, have vowed to fight it.