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...
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