FROM: Christina Cintron, Chief of Member Services
SUBJECT: Returning Retiree Certification: Denise Diggs
RECOMMENDATION:
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Deny the request to extend the employment of Denise Diggs from November 15, 2025, through November 13, 2026, in accordance with SBCERA Benefits Policy No. 032, “Retirees Returning to Work.” The request does not meet the policy criteria for extensions beyond the 18-month employment limit, as the employer has not demonstrated an extreme necessity or a time-limited operational need as required under the policy.
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BACKGROUND:
The California Public Employees’ Pension Reform Act of 2013 (PEPRA) establishes limitations for retirees returning to work in the same retirement system from which they receive a pension. Under SBCERA Benefits Policy No. 032, extensions beyond 18 consecutive months of re-employment must be approved by the Board of Retirement and are permitted only under conditions of extreme necessity and for a limited duration.
Denise Diggs retired from the County of San Bernardino on July 20, 2019, after nearly 34 years of service as a Supervising Sheriff’s Custody Specialist.
Ms. Diggs was subsequently re-employed on March 16, 2024, under an original returning retiree certification as a Sheriff’s Custody Assistant, with employment continuing through September 15, 2025.
CURRENT REQUEST:
The Sheriff’s Department is requesting to extend Ms. Diggs’ employment from November 15, 2025, through November 13, 2026, under the classification of “Safety Extra Help”, performing duties comparable to those of a Law and Justice Office Assistant. The retiree has not been employed in a returning retiree capacity since her original certification expired on September 15, 2025.
Extreme Necessity:
Under SBCERA Benefits Policy No. 032, extensions beyond 18 consecutive months require a showing of extreme necessity-that re-employment is necessary to maintain effective operations due to circumstances that are genuinely unavoidable or could not have been anticipated.
The Sheriff’s Department reports that this request arises from staffing challenges linked to a recent reclassification of the Law and Justice Office Assistant position. Following the reclassification, several experienced team members transferred to other roles within the Sheriff’s Department or to other County departments, resulting in a reduced number of seasoned employees and a higher concentration of newer, less experienced staff (see Certification Extension Request, page 3).
The department noted that while other employees are available to perform the same work, Ms. Diggs’s level of experience and skill enables her to handle assignments with greater efficiency (see Certification Extension Request, pages 3 and 4).
Although the employer values Ms. Diggs’s expertise, the information provided does not demonstrate a level of extreme necessity as required under Policy No. 032. Staffing shortages, turnover, or a preference for a retiree’s experience and skill level do not meet the policy standard for unavoidable or unanticipated operational need.
Limited Duration / Completion of Work:
Policy No. 032 further requires that re-employment beyond 18 consecutive months must be limited in duration and tied to the completion of a discrete, time-bound task or project.
The position at issue-Safety Extra Help (Law and Justice Office Assistant)-is an essential administrative support role within the Sheriff’s Department. However, it does not fall within the category of hard-to-recruit positions under Policy No. 032. Typically, hard-to-recruit positions are those that require specialized credentials, professional licensure, or advanced technical expertise that are less common in the general labor market. The Law and Justice Office Assistant role, while critical to daily operations, is a broadly classified position with an available applicant pool and does not require such specialized qualifications.
The policy also provides for extensions in cases where re-employment is necessary to prevent a stoppage of public business. While the Sheriff’s Department anticipates that not approving the extension could result in temporary service delays or slower response times in processing claims and mitigation of issues between the public and staff (see Certification Extension Request, pages 3 and 4), these impacts do not constitute a stoppage of public business as contemplated by the policy.
Moreover, Policy No. 032 specifies that “re-employment shall not be used to provide indefinite stopgap coverage or to create functional part-time employment.” The department’s request reflects an intent to address ongoing staffing shortages rather than a defined, short-term operational need. The justification also does not identify a discrete project or limited-term assignment with a defined end point that would support an extension beyond the original 18-month period.
Recruitment Efforts:
Staffing shortages were reported to SBCERA as part of the original certification request and have again been communicated with this extension request. The Sheriff’s Department has confirmed that recruitment to fill this role and similar positions remains active and ongoing (See Certification Extension Request, page 4).
LEGAL AND POLICY CONSIDERATIONS:
Pursuant to SBCERA Benefits Policy No. 032 and applicable PEPRA provisions, Board approval for re-employment beyond 18 consecutive months requires that the request satisfy both of the following conditions:
1. Extreme Necessity - The employer must demonstrate that the re-employment is essential to maintain effective operations due to genuinely unforeseen or unavoidable circumstances; and
2. Limited Duration / Completion of Work - The re-employment must relate to the completion of a specific, time-bound task or project, or meet one of the limited-duration conditions defined in Policy No. 032, which may include:
• Hard-to-Recruit Positions - Temporary placement in a classification requiring specialized skills, certifications, or qualifications that are difficult to recruit for in the labor market, supported by documented and ongoing recruitment efforts; or
• Stoppage of Public Business - Re-employment necessary to prevent interruption of essential government functions where such interruption would directly compromise public safety, security, welfare, or the effective administration of justice.
Based on the documentation and employer’s statements, staff finds that neither the Extreme Necessity requirement nor the Limited Duration conditions are satisfied in this case.
CONCLUSION:
Based on the information provided, the employer’s justification does not demonstrate that the request meets the requirements of SBCERA Benefits Policy No. 032 for extensions beyond 18 consecutive months. Accordingly, staff recommends denial of the request to extend Ms. Diggs’s employment as a Safety Extra Help position from November 15, 2025, through November 13, 2026.
BUDGET IMPACT:
None.
STRATEGIC PLANNING GOAL/OBJECTIVE:
Operational Excellence & Efficiency
STAFF CONTACT:
Christina Cintron
ATTACHMENTS:
Exhibit A: Board Summary Worksheet
Exhibit B: Certification Extension Request
Exhibit C: Prior Certification Form