FROM: Christina Cintron, Chief of Member Services
SUBJECT: Returning Retiree Certification: Mark Vos
RECOMMENDATION:
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Approve the request to extend the employment of Mark Vos from August 9, 2025, through February 5, 2027, in accordance with SBCERA Benefits Policy No. 032, “Retirees Returning to Work.” The request meets the policy criteria for extensions beyond the 18-month employment limit, based on the employer’s demonstration of extreme necessity and the time-limited scope of the assignment (limited duration).
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BACKGROUND:
The California Public Employees’ Pension Reform Act of 2013 (PEPRA) sets forth 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 allowed only under conditions of extreme necessity for a limited duration.
Mark Vos retired from San Bernardino County on March 11, 2023, after nearly 25 years of service, and returned to work on November 20, 2023, as a Deputy District Attorney IV with the San Bernardino County District Attorney’s Office. His original 18-month certification expired on May 19, 2025.
CURRENT REQUEST:
The District Attorney’s Office is requesting to extend Mr. Vos’s employment from August 9, 2025, through February 5, 2027. The retiree has not been employed in a returning retiree capacity since his original certification expired in May.
Extreme Necessity:
According to the District Attorney’s Office, Mr. Vos’s continued re-employment is essential to maintaining effective operations in its Appellate Services Unit. The employer states that Mr. Vos brings over two decades of highly specialized legal experience and currently supports the Appellate Services Unit with a range of high-priority appellate and post-conviction matters.
His duties include drafting legal opinions and preparing motions or oppositions on topics such as immigration advisement and consequences, discovery, misconduct, recusals, admissibility of evidence, DNA, and the Racial Justice Act. He also handles post-conviction litigation involving re-sentencing petitions, habeas petitions, writ petitions, and appeals, and responds to legal requests made under the Public Records Act (see Certification Extension Request, page 2).
The department reports a significant and ongoing increase in the volume and complexity of these matters due to recent legal reforms. According to the employer, Mr. Vos’s experience allows him to independently manage these assignments, which require advanced legal analysis, preparation of briefs and responses, and interaction with courts and opposing counsel. The department also noted that the most complex matters are usually assigned to appellate experts such as Mr. Vos, and that his responsibilities cannot be readily reassigned to existing staff without adversely impacting the timeliness and quality of legal outcomes (see Certification Extension Request, pages 3-4).
Following the expiration of Mr. Vos’s initial 18-month certification in May 2025, the department attempted to continue operations without his assistance. However, due to the sustained workload and existing staffing shortages, they determined that additional support was still necessary. The department further contends that without Mr. Vos’s services, some matters which should be sent to a specialist for review may not be. This, in their view, places at risk criminal prosecutions, both new and old convictions and sentences, the rights of victims of crime, and the overall effectiveness of the office’s operations (see Certification Extension Request, page 4).
Limited Duration:
The District Attorney’s Office has certified that this request meets the “limited duration” requirement under SBCERA Benefits Policy No. 032. The work Mr. Vos performs is specialized and supports a growing volume of post-conviction and appellate matters resulting from recent legislative changes. The employer has affirmed that this request is not intended to establish a permanent position and is being made in support of a time-bound operational need.
Recruitment Efforts:
The department has confirmed that they are actively recruiting for permanent Deputy District Attorney positions, and that Mr. Vos’s role is included in ongoing Countywide hiring and testing cycles. Recruitment for this position occurs year-round, and new applicants are typically tested within a few weeks of submitting their applications.
The department contends that there are currently 29 open Deputy District Attorney positions throughout the office. Despite ongoing recruitment, they have not yet identified a candidate with the subject matter expertise required for the highly specialized legal work Mr. Vos performs. The employer has further stated that reassigning a Deputy District Attorney from another unit to cover this workload is not a feasible solution, as it would create service gaps in other critical areas. The employer maintains that the extension is necessary to maintain continuity of operations while recruitment efforts continue (see Certification Extension Request, page 4).
LEGAL AND POLICY CONSIDERATIONS:
Pursuant to SBCERA Benefits Policy No. 032 and applicable PEPRA provisions, Board approval for employment beyond 18 consecutive months requires:
1. Extreme Necessity - The employer must demonstrate that the re-employment is essential to maintain effective operations due to genuinely unforeseen or unavoidable circumstances.
2. Limited Duration - The extension must relate to the completion of a specific, time-bound task or project.
Based on the employer’s statements and the supporting documentation, staff finds that both conditions are satisfied.
CONCLUSION:
Based on the justification provided, staff recommends that the Board approve this extension request in accordance with SBCERA Benefits Policy No. 032 and PEPRA.
BUDGET IMPACT:
None.
STRATEGIC PLANNING GOAL/OBJECTIVE:
Operational Excellence & Efficiency
STAFF CONTACT:
Christina Cintron
ATTACHMENTS:
Exhibit A: Board Summary Worksheet
Exhibit B: Certification Form
Exhibit C: Prior Certification Forms