FROM: Christina Cintron, Interim Chief of Member Services
SUBJECT: Returning Retiree Certification: Issa Saed
RECOMMENDATION:
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Approve the request to extend re-employment of San Bernardino County Issa Saed from October 8, 2024 to April 7, 2026, because an extreme necessity exists to continue the retiree’s employment beyond the 18-month limit, and thus the standards of SBCERA Board Benefits Policy No. 032: “Retirees Returning to Work,” have been met.
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BACKGROUND:
The California Public Employees’ Pension Reform Act of 2013 (“PEPRA”) provides specific employment restrictions for retirees who return to work with an employer in the same public retirement system from which they receive a benefit. The SBCERA Board of Retirement (“the Board”) policy on “Retirees Returning to Work” outlines the operating criteria under which SBCERA retirees can return to work with SBCERA-covered employers, while remaining in compliance with the restrictions set forth in PEPRA. Most notably, when an employer intends to employ an SBCERA retiree beyond 18 consecutive months from the commencement of his or her re-employment, the request must be approved by the Board.
Issa Saed retired on March 26, 2022 as a San Bernardino County Supervising Engineer for the Waste System Division. Mr. Saed’s original re-employment began on April 8, 2023 and will end on October 7, 2024. The Department is now requesting an additional 18 months from October 8, 2024 through April 7, 2026, which requires Board approval.
Exhibit C as well as Sections 5 and 6 of the certification provide additional background from San Bernardino County Public Works Department regarding Mr. Saed’s specialized knowledge, and the critical nature of his re-employment. In summary, as a result of a shortage of engineers causing recruitment and retention issues, the employer is requesting to extend Mr. Saed’s re-employment to serve as an Engineer III for Public Works/Solid Waste Management conducting engineering work and training of new engineers for the design and/or planning of construction of solid waste projects and the development of plans, specifications and cost estimates. Essential duties include design work for landfill expansion and closures, roads, basins, landfill gas control systems and Cleanup and Abatement Orders issued by the Water Boards. Develop Project scopes, perform field review and technical research. The employer contends that without Mr. Saed’s re-employment, existing staff would take on the workload causing a back log and/or the department would hire consultants at a much higher cost if available.
Pursuant to Board policy and applicable law, upon receiving and reviewing the justification to extend the retiree’s employment beyond the 18 consecutive month limit for presumed compliance with the statutory “limited duration” standard, the Board must determine whether the following are true:
1. Re-employment is necessary to enable the employer to continue effective operations in light of genuinely extreme necessity that is unavoidable or could not have been anticipated. The retiree's retirement shall not, in and of itself, be considered to have given rise to the extreme necessity to which this paragraph refers; and
2. Re-employment is limited to the completion of a discrete quantity of genuinely limited work that one would expect to be completed at a foreseeable time, or through the completion of a special project.
Based on the Board’s determination above, the Board:
1. Approves the request for extension of employment of the retiree beyond the 18 consecutive month limit, following the recommendation above.
2. Denies the request of extension of employment of retiree beyond the 18 consecutive month limit. In a case of any violation of the law as implemented through Policy No. 032, including continued employment beyond the 18 consecutive 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.
As noted above, staff recommends that the Board approve this request for the extension of employment of Mr. Saed.
BUDGET IMPACT:
None.
STRATEGIC PLANNING GOAL/OBJECTIVE:
Superior Service Experience
STAFF CONTACT:
Christina Cintron
Kathleen Crook
ATTACHMENTS:
Exhibit A: Board Summary Worksheet
Exhibit B: Certification Form
Exhibit C: Prior Certification Form