FROM: Christina Cintron, Chief of Member Services
SUBJECT: Returning Retiree Extension: Peter Brierty
RECOMMENDATION:
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Approve the request to extend the employment of Peter Brierty from April 4, 2026, through October 2, 2026, due to an extreme necessity to continue his employment beyond the initial 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) 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.
Peter Brierty retired on March 23, 2013, as an Assistant Fire Chief after 35 years of service. He was re-employed with the San Bernardino County Fire Protection District under an initial Returning Retiree certification from February 22, 2025, through February 22, 2026. Per San Bernardino County Human Resources, Chief Brierty concluded his employment on February 22, 2026, in compliance with PEPRA limitations.
CURRENT REQUEST:
The San Bernardino County Fire Protection District is requesting Board approval to re-employ Chief Brierty for an additional period from April 4, 2026, through October 2, 2026, totaling approximately six months.
The employer has indicated that Chief Brierty will be re-employed to complete a specialized assignment focused on developing a comprehensive fuel management plan spanning federal, state, local, and tribal lands. This work will include prioritizing fuel mitigation projects, including areas impacted by bark beetle infestation and the removal of such trees, and establishing maintenance schedules. It will also include identifying regulatory requirements, including compliance with the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA), and coordinating with multiple agencies and stakeholders to support successful implementation.
This request represents the first extension request brought forward to the Board for Chief Brierty.
Extreme Necessity:
The employer indicates that Chief Brierty possesses specialized expertise in fuel management and extensive institutional knowledge critical to the development of a complex, multi-jurisdictional fuel management plan. His experience includes coordinating with multiple agencies, including federal, state, and local partners, and successfully managing grant-funded efforts tied to regulatory compliance and project execution.
The need for additional time was not anticipated due to delays in the development and execution of grant-funded contracts, as well as the complexity and evolving scope of the project. These unforeseen challenges have created gaps in continuity that require Chief Brierty’s expertise to ensure compliance with regulatory requirements and to maintain progress toward project objectives.
Additionally, there are no other individuals currently available within the organization who can perform these duties at the same level of expertise. Without Chief Brierty’s continued involvement, the employer would likely need to engage an external consultant, resulting in increased costs, reduced efficiency, and further project delays.
Limited Duration / Completion of Work:
The requested re-employment period is limited in duration and tied to the completion of a specific, defined body of work, namely the development of the comprehensive fuel management plan.
The employer has indicated that this work is expected to be completed by the end of the requested period.
Recruitment Efforts:
The employer has indicated that they are not actively recruiting for this role, as the assignment is project-based and tied specifically to the completion of the fuel management plan.
In the absence of Chief Brierty, the employer would need to secure an external consultant, which would introduce additional costs and delays.
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:
Extreme Necessity: The employer must demonstrate that the re-employment is essential to maintain effective operations due to genuinely unforeseen or unavoidable circumstances; and
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 satisfies the Extreme Necessity and Limited Duration requirements set forth in SBCERA Benefits Policy No. 032.
CONCLUSION:
Based on the justification provided and the supporting documentation submitted, staff recommends that the Board approve the Returning Retiree extension request for Peter Brierty in accordance with SBCERA Benefits Policy No. 032 and applicable PEPRA provisions.
BUDGET IMPACT:
None.
STRATEGIC PLANNING GOAL/OBJECTIVE:
Operational Excellence & Efficiency
STAFF CONTACT:
Christina Cintron
ATTACHMENTS:
Exhibit A: Board Item Summary Worksheet
Exhibit B: Current Certification Form
Exhibit C: Prior Certification Form