FROM: Christina Cintron, Chief of Member Services
SUBJECT: Returning Retiree Certification: Fredrick Minassian
RECOMMENDATION:
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Deny the request to extend the employment of Fredrick Minassian from May 7, 2026, through December 31, 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.
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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.
Fredrick Minassian retired from the South Coast Air Quality Management District (SCAQMD) on November 24, 2018, after 31.5 years of service, concluding his career as an Assistant Deputy Executive Officer. His original returning retiree certification covered the period from July 1, 2024, through July 1, 2025, during which he served as a Board Member Consultant to Governing Board Member Veronica Padilla-Campos.
In September 2024, SBCERA provided SCAQMD with written clarification that Board Member Consultant positions do not meet the criteria for independent contractor status and are subject to the returning retiree provisions in Benefits Policy No. 032. SCAQMD acknowledged receipt and understanding of this clarification.
CURRENT REQUEST:
SCAQMD requests approval to extend Mr. Minassian’s employment from May 7, 2026, through December 31, 2026, in the role of Board Member Consultant for Governing Board Member Adrin Nazarian, who was appointed on February 27, 2026.
Extreme Necessity:
The employer has not demonstrated that this request meets the Extreme Necessity requirement under SBCERA Benefits Policy No. 032. While the employer indicates that denial of the extension would result in a “substantial” and “detrimental impact” (Exhibit B, page 2), the information provided does not establish that this rises to the level of Extreme Necessity.
The circumstances described, including supporting a newly appointed Governing Board Member and assisting with the recruitment of a long-term consultant (Exhibit B, page 2), reflect planned and foreseeable activities rather than unforeseen or unavoidable conditions. The Governing Board Member seat became vacant on January 15, 2026, and the subsequent appointment was made on February 27, 2026 (Exhibit B, page 2). Mr. Minassian was selected based on his prior experience as both a Board Member Consultant and a member of SCAQMD’s executive staff (Exhibit B, page 2). While this experience may support continuity, the duties described are transitional in nature and do not demonstrate that continued re-employment is essential to maintain effective operations.
Additionally, the employer did not indicate that the request meets the Extreme Necessity standard on the application form (Exhibit B, page 1) and did not provide supporting documentation or evidence in the materials submitted or in response to follow-up inquiries. The employer has indicated that, if Mr. Minassian were unavailable, a new Board Member Consultant would be selected (Exhibit B, page 4).
The information provided does not demonstrate that continued re-employment is essential to maintain effective operations. Accordingly, the request does not meet the Extreme Necessity requirement under SBCERA Benefits Policy No. 032.
Limited Duration / Completion of Work:
SCAQMD describes the requested extension as an 8-month period intended to support the Governing Board Member’s transition and allow time to recruit and select a long-term Board Consultant (Exhibit B, pages 2-4). This timeframe is defined and tied to a specific operational objective with an identified end date.
Under SBCERA Benefits Policy No. 032, re-employment beyond 18 months must be tied to the completion of a specific, time-bound task or project. The employer’s stated purpose, which is to support a transition period and the recruitment of a replacement, reflects a defined, time-limited need (Exhibit B, page 3).
While the duties described remain consistent with the general responsibilities of a Board Member Consultant (Exhibit B, page 2), the request is structured around a temporary transition period with a stated endpoint. Based on the information provided, the request may be considered to satisfy the Limited Duration requirement under Policy No. 032.
However, the employer’s own description of the Board Member Consultant role indicates that these positions are selected by individual Board Members, serve one-year terms, and may be renewed without limit (Exhibit B, page 2). This structure reflects an ongoing advisory function rather than one that is inherently limited in duration.
At its December 2025 meeting, the Board of Retirement denied two similar requests for Board Member Consultant positions, determining that the circumstances presented did not meet the Extreme Necessity or Limited Duration requirements under Policy No. 032 (Board of Retirement Minutes, December 2025). While the current request is framed as a transition period with a defined endpoint, the underlying structure and function of the position remain unchanged.
Recruitment Efforts:
SCAQMD reports that Board Member Consultant positions are not filled through a standard recruitment process. Instead, each Governing Board Member selects a consultant individually, subject to review by the agency’s Administrative Committee. Consultants serve one-year terms and may be renewed without limit (Exhibit B, page 2).
The employer indicates that it will work with Governing Board Member Nazarian to identify a replacement if the extension is not approved (Exhibit B, page 4). The information provided does not include additional detail regarding efforts to identify a replacement or the status of those efforts to identify a replacement.
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.
• 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 does not satisfy the Extreme Necessity requirement set forth in SBCERA Benefits Policy No. 032.
CONCLUSION:
Based on the information provided, the employer has not demonstrated 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 Mr. Minassian’s employment as a Board Member Consultant from May 7, 2026, through December 31, 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 Request
Exhibit D: Returning Retiree Policy Clarification Acknowledgment Letter