FROM: Christina Cintron, Chief of Member Services
SUBJECT: Returning Retiree Certification: Sidney Hultquist
RECOMMENDATION:
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Approve the request to extend the employment of Sidney Hultquist from January 11, 2025 to August 11, 2025, 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”) imposes specific restrictions on retirees who return to work with an employer in the same public retirement system from which they receive benefits. SBCERA’s Board of Retirement (“the Board”) policy on “Retirees Returning to Work” governs the criteria for re-employing retirees in compliance with PEPRA. When an employer seeks to re-employ an SBCERA retiree beyond 18 consecutive months, the request is subject to Board approval.
Mr. Hultquist retired on August 21, 2017 and was initially re-employed as an Assistant Fire Chief for Barstow Fire Protection District from September 3, 2019 through March 1, 2021. The original authorization was requested in order to meet public safety obligations and finalize several projects/issues that affect the fire department.
During the initial re-employment period, Chief Hultquist assumed the role of Acting Fire Chief in June 2020 and worked under the special “Covid emergency authorization” appointment to ensure smooth operations in the Fire District while the current Chief went on an extended leave. This Executive Order terminated on July 1, 2021. Thereafter the Board approved a six-month extension for Chief Hultquist to continue to work under the “Retirees Returning to Work” policy through December 31, 2021.
The San Bernardino County Fire Protection District is now requesting that Mr. Hultquist be re-employed beginning January 11, 2025 to August 11, 2025 so that he can complete an after-action review on the Line and Bridge Fires, which is due in approximately 120 days. The Department is requesting that he be re-employed for an estimated seven months to complete this review and assist with other duties required as a result of this incident.
The Department contends that without re-employment of Mr. Hultquist they would look for another retiree to re-employ and if none are readily available, the Department would be forced to hire a consultant, which would cause the Department to incur additional costs and would result in reduced efficiency since the consultant would have no familiarity with current policies and stakeholders.
Based on the facts presented in the attached materials, the San Bernardino County Fire Protection District contends there is an extreme necessity to continue the retiree’s employment beyond the 18-month limit.
LEGAL AND POLICY CONSIDERATIONS:
Under SBCERA policy and PEPRA, when reviewing a request to extend a retiree’s employment beyond the 18-month limit, the Board must evaluate whether the following conditions are met:
1. Extreme Necessity - Re-employment must be necessary for the employer to continue effective operations due to genuinely extreme circumstances that were unavoidable or could not have been anticipated. A retiree's initial retirement does not automatically create this necessity.
2. Limited Duration - The re-employment must be limited to completing a specific, discrete amount of work, expected to be completed within a foreseeable timeframe, or related to a special project.
CONCLUSION:
Based on the justification provided, staff recommends that the Board approve the request to extend Sidney Hultquist employment beyond the 18-month limit in accordance with PEPRA and SBCERA Board Benefits Policy No. 032.
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