FROM: Colin Bishop, Chief of Member Services
SUBJECT: Returning Retiree Certification: Yvonne Harmon
RECOMMENDATION:
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Approve the request to extend employment of SBCERA Retiree Yvonne Harmon from November 13, 2023 through May 13, 2024, because the standards of SBCERA Board Administration Policy No. 032 “Retirees Returning to Work,” have been met.
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BACKGROUND:
Ms. Harmon retired on March 27, 2021 and has been re-employed with the San Bernardino County Registrar of Voters since July 2022. The California Public Employees’ Pension Reform Act of 2013 (PEPRA) places restrictions on retirees returning to work. In April 2018, the Board approved an updated version of its policy on “Retirees Returning to Work,” which changed some of the processes for reviewing and permitting extensions for the re-employment of retirees, notably adding a provision for Board approval when the period of employment was either not specified or greater than 18 months.
Ms. Harmon’s original re-employment period began on July 18, 2022 and expired on November 30, 2022. The department requested to extend Ms. Harmon’s employment beginning December 1, 2022 which expired on June 30, 2023. The Department is now requesting an additional 6 months beginning November 13, 2023 through May 13, 2024, which requires SBCERA Board approval. (SBCERA policy requires that any requests to extend a returning retiree’s reemployment beyond 18 consecutive months receive Board approval. Because the beginning date of Ms. Harmon’s reemployment was July 18, 2022, any employment beyond January 18, 2024 must receive Board approval.)
Section 6 of the attached certification provides additional background information, citing that Ms. Harmon has over 10 years of experience working for the Registrar of Voters, specifically handling candidate statements. Without Ms. Harmon’s assistance, the employer indicates that production of the Voter Information Guides could be affected.
Pursuant to Government Code section 7522.56, 317680.6, and 31680.7 and SBCERA Board Benefits Policy No. 032, upon receiving and reviewing the participating employer and retiree’s justification to extend the retiree’s employment beyond the 18-month limit for presumed compliance with the statutory “limited duration” standard, the Board must, based on the facts and evidence presented:
1. Find one of the following:
a. That extreme necessity exists to continue the retiree’s employment beyond the 18-month limit; or
b. In the alternative, that the extension of employment is unavoidable and circumstances exist that could not have been anticipated; or
c. That there is neither an extreme necessity, nor circumstances that are unavoidable or could not have been anticipated, and thus that the standards of Benefits Policy No. 032 are not met.
2. Based on the finding above in part (1) above, the Board:
a. Approves the request for extension of employment of retiree beyond the 18-month limit. Extension of the employment commences on the date indicated on this certification and will terminate on May 13, 2024; or
b. Denies the request of extension of employment of retiree beyond the 18-month limit. In a case of any violation of the law as implemented through Benefits Policy No. 032, including continued employment beyond the 18-month limit or without prior approval, the Board directs staff to suspend the retiree’s retirement benefit and reinstate the retiree to active service. Additionally, staff is directed to commence collection of any retirement benefits received during any unlawful re-employment, as well as contributions from employer and employee.
Based on the evidence presented by the employer, staff recommends that the Board approve this request for the extension of employment of Yvonne Harmon.
BUDGET IMPACT:
None.
STRATEGIC PLANNING GOAL/OBJECTIVE:
Operational Excellence & Efficiency
STAFF CONTACT:
Colin Bishop
Kathleen Crook
ATTACHMENTS:
Exhibit A: Board Summary Worksheet
Exhibit B: Certification Form
Exhibit C: Prior Certification Forms