FROM: Christina Cintron, Chief of Member Services
SUBJECT: Returning Retiree Certification: Daniel Futscher
RECOMMENDATION:
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Approve the request to extend the employment of Daniel Futscher from December 17, 2024, to May 2, 2026, 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.
Daniel Futscher retired on January 28, 2023, as a Sheriff's Lieutenant in the Sheriff Department's Emergency Operations Division, Aviation Unit. Mr. Futscher was certified to work as a "Safety Extra Help" employee on June 17, 2023, under SBCERA Benefits Policy No. 032. This certification expired on December 16, 2024. However, due to extreme necessity and the critical impact on public safety, staff has authorized Mr. Futscher to continue working through January 9, 2025, under the policy exception outlined in Section II (Operating Criteria)(B)(2)(b)(iii) of Benefits Policy No. 032. The Sheriff's Department is now requesting an extension of his employment through May 2, 2026.
The employer has explained that Mr. Futscher possesses unique skills and experience as a commercial helicopter pilot, essential for flying the department's helicopters during patrols, search & rescue missions, and fire suppression operations. The department faces significant difficulty in recruiting for this specialized position due to a shortage of c...
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