FROM: Christina Cintron, Chief of Member Services
SUBJECT: Returning Retiree Certification: Theodore Mohr
RECOMMENDATION:
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Approve the request to extend the employment of Theodore Mohr from March 10, 2025, to October 31, 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.
Theodore Mohr retired on March 25, 2023, as a BG Captain I for the San Bernardino County Fire Protection District. He was certified to return to work under SBCERA Benefits Policy No. 032 for an 18-month period beginning August 1, 2023, through February 1, 2025. However, he was not utilized for any service during Fiscal Year 2023/2024. Under the initial certification, he has worked a total of 144 hours, all of which were reported in the current fiscal year. With his certification now expired, the Department requests an extension of his employment from March 10, 2025, through October 31, 2025, due to an extreme necessity for his continued service.
Mr. Mohr serves as extra help on an as-needed basis, stepping in when regular employees are unavailable to respond to emergency incidents. His expertise in operating heavy equipment is critical to maintaining effective operations, particularly during wildland fires, structure fires, floods, debris flows, and urban search and rescue. Additionally, his Class A driver’s license enables the transport of heavy equipment to emergency sites, a function that would otherwise be impacted due to limited personnel availability.
As outlined in Sections 5 and 6 of the attached certification (Exhibit B), without this extension, emergency calls may go unanswered, and critical fire equipment could be unavailable, disrupting public safety operations. The Department is actively working with San Bernardino County Human Resources to dual fill a regular heavy equipment operator position. However, this extension is necessary for a limited duration to maintain continuity of emergency response efforts until additional personnel are hired.
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 Theodore Mohr 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