Special Notice / Hearing: None__
Vote Required: Majority
To: Honorable Board of Supervisors
From: Juan Raigoza, Controller
Subject: Resolution Authorizing the Hiring of Retired Departmental Systems Analyst, Regina (Gina) di Gualco, to an Extra Help Position Prior to the Expiration of the Post-Retirement 180-Day Separation Period.
RECOMMENDATION:
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Adopt a resolution authorizing the hiring of retired Departmental Systems Analyst, Gina di Gualco, to an extra help position prior to expiration of the post-retirement 180-day separation period.
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BACKGROUND:
On September 12, 2012, the California Public Employees' Pension Reform Act, which is known as "PEPRA" (Assembly Bill 340), was signed into law effective January 1, 2013. Additionally, Assembly Bill 197, which amends a portion of the 1937 Act, was signed into law the same date to be effective January 1, 2013. The PEPRA legislation includes provisions in Government Code Section 7522.56 requiring a 180 day separation ("sit-out") period following the date of retirement for non-safety retirees who are re-employed by a public agency within the same retirement system as an employee or through a contract.
One exception to the PEPRA sit-out period is provided in Government Code Section 7522.56(f)(1), which allows for a retiree to work during the sit-out period, if "the employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting." The section also states that the appointment may not be placed on a consent calendar.
However, the 180 day sit out requirement was suspended by executive order of the Governor for a period of time during the COVID-19 pandemic.
DISCUSSION:
Gina di Gualco retired on March 19, 2022 after working for the County for nearly 37 years. Ms. di Gualco was hired back as extra help on Ma...
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