FROM: Christina Cintron, Interim Chief of Member Services
SUBJECT: Returning Retiree Certification: Renee Urquidez
RECOMMENDATION:
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Approve the request to extend re-employment of San Bernardino County Retiree Renee Urquidez from August 27, 2024 to August 30, 2025, 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.
Renee Urquidez retired on July 30, 2022 as a Geographic Info. Sys Tech III from the Assessor-Recorder-County Clerk. Ms. Urquidez’s original re-employment through the vendor Sierra Cybernetics working directly with the Assessor-Recorder-County Clerk began on February 27, 2023 and ended on April 28, 2023. After which, Ms. Urquidez began working through the vendor 21 Tech who also directly worked with the Assessor-Recorder-County Clerk beginning October 12, 2023 and will end on August 26, 2024. The Department is now requesting an additional 12 months from August 27, 2024 through August 30, 2025, which requires Board approval.
Exhibit C as well as Sections 5 and 6 of the certification provides additional background from the Assessor-Recorder-County Clerk regarding Ms. Urquidez’s specialized knowledge, and the critical nature of her re-employment. In summary, the employer has indicated that Ms. Urquidez’s possesses ample knowledge of their current GIS system, ArcInfo Workstation, which is a 30+ year old system that their department is in the process of transitioning away from using, as it is no longer supported by the manufacturer. Also, the employer stated that the available workforce does not have the knowledge of their current GIS system and due to attrition, they have lost knowledge and expertise in their mapping section. Additionally, the two most senior staff members remaining in the section are being utilized in migration efforts which started in early 2023 and will be amplified by August 2024. During this migration period, which is expected to last 12-18 months, they need staff that are knowledgeable of their current system and process to assist with training, review, and completion of their mandated work until the migration can be completed. Lastly, based on the employer’s response in Section 6 of the certification, the need for a limited extension is due to the knowledge gap during the migration period until the new system can be implemented. Therefore, any continuance beyond August 30, 2025, may be viewed a permanent part-time position.
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 Ms. Urquidez.
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