FROM: Colin Bishop, Chief of Member Services
SUBJECT: Returning Retiree Certification: Alecia Garcia
RECOMMENDATION:
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Approve the request to extend employment of SBCERA Retiree Alecia Garcia from November 18, 2023 through November 15, 2024, because the standards of SBCERA Board Administration Policy No. 032 “Retirees Returning to Work,” have been met.
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BACKGROUND:
Ms. Garcia retired on October 15, 2021 and has been re-employed with the San Bernardino County Sheriff’s/Coroner since April 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. Garcia’s original re-employment period began on April 23, 2022 and expired on October 9, 2023. The Department is now requesting an additional 12 months beginning November 18, 2023 through November 15, 2024.
Section 6 of the attached certification provides additional background information provided by the employer, citing that Ms. Garcia has experience with the Conceal Carry Weapon (CCW) background interview process, and Department of Justice (DOJ) requirements. The employer also indicates that she has knowledge of CCW laws and upcoming changes which is crucial to maintaining the existing permit system, while assisting in the transition to a cloud-based permit system due to a significant loss of data related to a ransomware attack.
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 November 15, 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 Alecia Garcia.
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 Form
Exhibit D: Certification Addendum