FROM: Christina Cintron, Chief of Member Services
SUBJECT: Returning Retiree Certification: Nancy Rios
RECOMMENDATION:
title
Approve the request to extend the employment of Nancy Rios from May 4, 2025, through October 30, 2026, due to an extreme necessity to continue her employment beyond the 18-month limit. The request meets the criteria set forth in SBCERA Benefits Policy No. 032 “Retirees Returning to Work”.
body
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.
Nancy Rios retired on March 25, 2023, from the San Bernardino County Sheriff’s Department, where she served as a Deputy Sheriff. In accordance with SBCERA Benefits Policy No. 032, “Retirees Returning to Work,” she was approved by staff to return to employment for an initial 18-month period beginning November 4, 2023, through May 3, 2025. The Sheriff’s Department is now requesting an extension of Ms. Rios’ employment through October 30, 2026, due to the extreme necessity for her continued service.
Ms. Rios is currently assigned as a Peace Officer Standards and Training (POST)-certified Deputy Sheriff at East Valley Court Services. In this capacity, she performs essential courtroom and security duties, including providing judicial officer protection, arresting defendants remanded into custody, escorting inmates throughout the courthouse and in the holding area, applying and removing restraints, maintaining order within holding areas, and ensuring overall courthouse security in both public and restricted spaces. Each courtroom requires a dedicated Deputy Sheriff to maintain operational safety and continuity.
As noted in Exhibit B, Sections 5 and 6, Ms. Rios possesses the specialized certification, training, and experience required for the performance of these duties. Her continued re-employment is necessary due to several vacancies in the Deputy Sheriff classification and persistent staffing shortages within Court Services. Although the department actively recruits for these positions through postings on the County employment website, social media, participation in job fairs, and outreach through a designated recruitment group, the demand for qualified, POST-certified personnel remains high. Certification requires at least one year of service, limiting the number of immediate replacements available.
If Ms. Rios is not retained, the department would attempt to fill the role using overtime deputies from other stations or divisions. However, overtime resources are not guaranteed, as patrol and corrections functions are given higher priority due to public safety concerns. While her absence would not entirely halt public operations, it could result in delays or interruptions in certain courtroom functions if safety and security requirements are not met.
This request is presented in alignment with the requirements of SBCERA Benefits Policy No. 032:
• Extreme Necessity: The need for Ms. Rios’s continued employment arises from an unavoidable and ongoing staffing shortage that could not have been fully anticipated.
• Limited Duration: The request is limited in scope and duration, supporting the continuity of courtroom safety operations until permanent, POST-certified staff can be recruited, trained, and placed.
CONCLUSION:
Based on the justification provided, staff recommends that the Board approve the request to extend Nancy Rios’ 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