FROM: Christina Cintron, Chief of Member Services
SUBJECT: Returning Retiree Extension: Daniel Futscher
RECOMMENDATION:
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Approve the request to extend the employment of Daniel Futscher from May 3, 2026, to November 3, 2027, due to an extreme necessity to continue his employment beyond the 18-month limit. The request meets the criteria set forth in SBCERA Benefits Policy No. 032, “Retirees Returning to Work.”
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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.
Daniel Futscher retired on January 28, 2023, as a Sheriff’s Lieutenant in the Sheriff Department’s Emergency Operations Division, Aviation Unit after over almost 32 years of service. He was certified to return to work as a Safety Extra Help employee on June 17, 2023, under SBCERA Benefits Policy No. 032. This initial 18-month certification expired on December 16, 2024.
Following the expiration of the initial certification period, the Board of Retirement approved an extension on January 9, 2025, extending his employment through May 2, 2026.
CURRENT REQUEST:
The Sheriff’s Department is requesting a second Board-approved extension to continue employing Mr. Futscher in a Safety Extra Help capacity from May 3, 2026 through November 3, 2027.
Extreme Necessity:
Mr. Futscher possesses highly specialized skills as a commercially rated patrol and rescue helicopter pilot, including night-vision goggle certification, which are critical to the Aviation Unit’s operations.
The department continues to experience an industry-wide shortage of qualified helicopter pilots, significantly limiting its ability to recruit for this role. Current staffing levels are insufficient to cover all operational shifts, and the loss of Mr. Futscher’s services would create additional gaps in coverage.
Due to department policy and Federal Aviation Administration (FAA) flight hour limitations, overtime cannot be used to offset these shortages. Without this extension, the department indicates that no qualified personnel would be available to perform his duties, resulting in reduced patrol, fire, and rescue helicopter coverage and potential impacts to public safety.
Based on these factors, the department asserts that an extreme necessity exists to maintain continuity of critical aviation operations.
Limited Duration:
The requested extension is intended to provide temporary support while the department continues to recruit, train, and develop qualified personnel.
The training and qualification process for helicopter pilots is extensive, taking approximately seven years to reach full pilot-in-command status for rescue operations. Although deputies are currently in training and two pilots have obtained their commercial pilot licenses, they are not yet fully qualified to perform all mission types and will require several additional years to meet unit and regulatory requirements.
The unit has also recently experienced staffing losses, including two Safety Extra Help pilots and one fully qualified corporal pilot due to promotion, further impacting coverage. The extension is therefore presented as an interim measure to sustain operations while the department builds long-term staffing capacity.
Recruitment Efforts:
The department continues to actively train and develop deputies to become fully qualified pilots. While these efforts are ongoing, the lengthy training timeline has not yet produced a sufficient number of mission-capable pilots to meet operational demands.
The Aviation Unit is currently staffed with nine pilots, of whom only four are fully qualified to perform the full range of missions, including patrol, search and rescue, hoist operations, and mutual aid response. An additional deputy is currently enrolled in commercial pilot training.
These efforts demonstrate ongoing recruitment and workforce development; however, additional time is required before they can fully address current staffing needs.
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:
Extreme Necessity: The employer must demonstrate that the re-employment is essential to maintain effective operations due to genuinely unforeseen or unavoidable circumstances; and
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.
• 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 employer’s statements and the supporting documentation submitted, staff finds that the request satisfies the Extreme Necessity and Limited Duration requirements set forth in SBCERA Benefits Policy No. 032.
CONCLUSION:
Based on the justification provided and the supporting documentation submitted, staff recommends that the Board approve the Returning Retiree extension request for Daniel Futscher in accordance with SBCERA Benefits Policy No. 032 and applicable PEPRA provisions.
BUDGET IMPACT:
None.
STRATEGIC PLANNING GOAL/OBJECTIVE:
Operational Excellence & Efficiency
STAFF CONTACT:
Christina Cintron
ATTACHMENTS:
Exhibit A: Board Item Summary Worksheet
Exhibit B: Current Certification Form
Exhibit C: Prior Certification Forms