FROM: Christina Cintron, Chief of Member Services
SUBJECT: Returning Retiree Certification: Andrew Silva
RECOMMENDATION:
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Deny the request to extend the employment of Andrew Silva from January 1, 2026, through July 1, 2027, 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, as the employer has not demonstrated an extreme necessity or a time-limited operational need as required under the policy.
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BACKGROUND:
The California Public Employees’ Pension Reform Act of 2013 (PEPRA) establishes limitations governing retirees who return to work for an employer within the same retirement system from which they receive a pension. Under SBCERA Benefits Policy No. 032, re-employment that exceeds 18 consecutive months must be approved by the Board of Retirement and is permitted only under conditions of extreme necessity and for a limited duration tied to a specific time-bound operational need.
Andrew Silva retired from the County of San Bernardino on March 14, 2020, after 12.5 years of service, concluding his career as a Government Relations Analyst II. His original returning retiree certification covered the period from July 1, 2024, through June 30, 2025, during which he served as a Board Member Consultant to Governing Board Member Patricia Lock Dawson. In accordance with SBCERA Benefits Policy No. 032, which permits staff approval of re-employment not exceeding 18 consecutive months, a staff-approved extension was granted through December 31, 2025, completing the maximum 18-month period permissible without Board approval.
In September 2024, SBCERA provided SCAQMD with written clarification regarding the employment status of Board Member Consultant positions. SCAQMD had previously identified and treated these positions as “Independent Contractors.” However, based on the independent contractor standards SBCERA applies when evaluating returning retiree requests, SBCERA clarified that Board Member Consultant positions do not meet the criteria for independent contractor status and therefore are not exempt from the returning retiree provisions in Benefits Policy No. 032. SCAQMD formally acknowledged receipt and understanding of this clarification through a signed acknowledgement dated September 12, 2024 (see Exhibit D).
CURRENT REQUEST:
SCAQMD requests approval to extend Mr. Silva’s employment from January 1, 2026, through July 1, 2027, continuing in the role of Board Member Consultant for Governing Board Member Patricia Lock Dawson.
Extreme Necessity:
The employer reports that Mr. Silva provides key support to Governing Board Member Patricia Lock Dawson in her role on the Governing Board. The employer states that the work he performs is an important component of her responsibilities and that losing access to his experience and institutional knowledge would negatively affect her ability to carry out committee-related duties. The employer further notes that the classification of Board Member Consultant is exclusive to the Governing Board and that no internal SCAQMD team members can assume these responsibilities.
SCAQMD asserts that Mr. Silva’s departure would create a detrimental impact due to the loss of institutional knowledge and the lack of a transitional period. Because Governing Board Members personally select their consultants, the employer notes that these duties cannot be reassigned to other employees. If the extension is not approved, SCAQMD states that it intends to work with Governing Board Member Lock Dawson to identify a replacement candidate.
The employer also reports that Mr. Silva has been involved with AQMD-related work for nearly 30 years, including time as a reporter covering the agency and later as an analyst and consultant supporting San Bernardino County Supervisors who served on the Governing Board. According to SCAQMD, this long-standing involvement has given him a strong understanding of the agency’s regulatory framework, rulemaking processes, and the diverse stakeholder perspectives involved in air quality policy. The employer further explains that Governing Board Member Lock Dawson, who serves as the Mayor of Riverside and manages significant city responsibilities with limited staff capacity, relies on Mr. Silva’s specialized experience to prepare for AQMD matters.
These statements demonstrate that Mr. Silva is considered a highly valuable resource to the Governing Board Member and that his experience and institutional knowledge are strongly appreciated by the employer. However, while his contributions are significant, the information provided does not demonstrate the type of unavoidable or unforeseen operational circumstances required to satisfy the Extreme Necessity standard under SBCERA Benefits Policy No. 032. For these reasons, the request does not meet the policy criteria for extending employment beyond the initial 18-month period.
Limited Duration / Completion of Work:
SCAQMD reports that Board Member Consultants serve under one-year contracts that run from July 1 through June 30, and that consultants may be reappointed without term limits. While the employer views this annual contract cycle as defining the duration of the assignment, the recurring nature of these one-year terms does not, by itself, demonstrate that the role is tied to a discrete project, special assignment, or time-limited operational need that must be completed by July 1, 2027.
The justification does not identify a specific task, defined project, or specialized assignment with an identifiable end point beyond the normal scope of a Board Member Consultant’s ongoing duties. Instead, the justification reflects a desire to preserve continuity in an ongoing advisory capacity, which aligns more closely with routine operational support rather than limited-duration work.
SBCERA Benefits Policy No. 032 also provides that re-employment “shall not be considered to be of limited duration if the re-employment is the functional equivalent of a permanent part-time position, or if the stated limit on the duration is such that the re-employment is effectively unlimited.” This provision reinforces that returning retiree employment must remain temporary and cannot operate as ongoing or indefinite support to the employer.
For these reasons, the justification does not meet the Limited Duration or Completion of Work requirements under Policy No. 032.
Recruitment Efforts:
SCAQMD reports that Board Member Consultants are not recruited through standard processes. Instead, each Governing Board Member selects a consultant individually, subject to review by the agency’s Administrative Committee. Consultants serve one-year terms with no term limits.
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, which may include:
• 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 documentation and employer’s statements, staff finds that neither the Extreme Necessity requirement nor the Limited Duration conditions are satisfied in this case.
CONCLUSION:
Based on the information provided, the employer’s justification does not demonstrate 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. Silva’s employment as a Board Member Consultant from January 1, 2026, through July 1, 2027.
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 Form
Exhibit D: Returning Retiree Policy Clarification Acknowledgment Letter