FROM: Barbara Hannah, Chief Counsel
SUBJECT: Benefits Appeal of Monica Morales
RECOMMENDATION:
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Adopt the Chief Executive Officer’s determination to deny member Monica Morales’ request to redeposit withdrawn contributions, because Member Monica Morales is not a current member of SBCERA, as required by Government Code section 31652.
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BACKGROUND:
On December 8, 2023, Member Monica Morales completed SBCERA form Your Options at Separation and requested to rollover her contributions to an IRA account. The rollover of the contributions was completed in January 2024 and Ms. Morales ceased to be a member of SBCERA effective as of the date of the rollover.
On February 11, 2025, Ms. Morales contacted SBCERA requesting to redeposit her withdrawn contributions in order to establish reciprocity between CalPERS and SBCERA. On March 7, 2025, Christina Cintron, Chief of Member Services, sent a letter to Ms. Morales and informed her that because she was no longer a member of SBCERA nor working for any of the SBCERA-participating employers, she was not able to redeposit her contributions.
On May 1, 2025, SBCERA received an Appeal of Denial letter to Christina Cintron from attorney Paul Woodard (counsel for Monica Morales) requesting reconsideration to allow Ms. Morales to redeposit her contributions based on the facts and information outlined in his letter.
On July 21, 2025, the CEO Determination Letter with the Memorandum of Findings of Fact and Conclusions of Law were mailed to attorney Paul Woodard, in response to member’s request to redeposit withdrawn contributions. The CEO Determination letter informed member that, pursuant to Government Code section 31652, the request to redeposit withdrawn contributions was denied as Ms. Morales was no longer considered a member of SBCERA, having previously withdrawn her contributions.
On July 22, 2025, attorney Paul Woodard reached out to Barbara Hannah, Chief Counsel to request additional information regarding the findings and recommendations. Additionally, Mr. Woodard also inquired as to options available to Ms. Morales in order to reestablish membership with SBCERA. On August 14, 2025, a follow-up letter was mailed to attorney Paul Woodard responding to the additional questions posed.
Pursuant to Benefits Policy No. 025 (Requests and Appeals for Pension Benefits), member has 30 days from the date of the letter of July 21, 2025, to submit a written appeal to the Board of Retirement. SBCERA did not receive an appeal from the member by the due date, therefore pursuant to Benefits Policy No. 025, Section VII (Failure to Appeal and Exhaust Administrative Remedies), this matter is presented to the Board with a recommendation to adopt the CEO’s determination to deny the request to redeposit withdrawn contributions.
A decision by the Board is final. Judicial review shall be subject to Code of Civil Procedure section 1085.
Attorney for Member Monica Morales – Paul Woodard, Esq.
STRATEGIC PLANNING GOAL/OBJECTIVE:
Operational Excellence & Efficiency
STAFF CONTACT:
Barbara Hannah
ATTACHMENTS:
Exhibit A: Privileged and Confidential Memorandum of Findings of Fact and
Conclusions of Law
Exhibit B: Confidential - SBCERA Response Letter regarding Refund and
Reciprocity Concerns, dated March 7, 2025
Exhibit C: Confidential - Notice of Appeal of Denial of Reciprocity Eligibility with
SBCERA dated May 1, 2025
Exhibit D: Confidential - CEO Determination Letter dated July 21, 2025
Exhibit E: Confidential – CEO Follow Up Letter dated August 14, 2025