FROM: Barbara Hannah, Chief Counsel
SUBJECT: Benefits Appeal of Michael Milligan
RECOMMENDATION:
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Deny Michael Milligan's appeal and find that he is not eligible to purchase service credit pursuant to Government Code section 31641.5 for his work as an independent contractor with the San Bernardino County Public Defender's Office.
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BACKGROUND:
Appeal:
Michael Milligan requested a service purchase for prior non-membership service pursuant to Government Code section 31641.5. In accordance with Benefits Policy No. 025, Mr. Milligan is now appealing the Chief Executive Officer's determination that Mr. Milligan is ineligible to purchase SBCERA service for his work prior to becoming a member based on the following:
1. Mr. Milligan was not an employee of the County as defined by the County Employees' Retirement Law ("CERL").
2. It was not Mr. Milligan's tenure in county service that prevented him from being enrolled in SBCERA membership but rather his status as an independent contractor who was paid as such by the County.
3. CERL prohibits Mr. Milligan from purchasing SBCERA service for work his work during the requested period, and as a result SBCERA has no discretion to grant an exemption. SBCERA has "no authority to disregard" CERL and no authority "to pursue a practice that is contrary to" CERL. (Alameda County Deputy Sheriff's Assoc. v. Alameda County Employees' Retirement Assoc. (2020) 9 Cal.5th 1032, 1069.)
Issue:
Whether Michael Milligan, who worked as an independent contractor for the San Bernardino County Public Defender's Officer prior to becoming a member of SBCERA, is eligible to purchase the requested period under Government Code section 31641.5.
Summary of Law:
San Bernardino County Employees' Retirement Association was established under the County Employees' Retirement Law (CERL) (Gov. Code ? 31450 et seq.) The Board, which under the California Constitution, is established under the CERL as an independent body - is...
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