California Government Code sections 21220 and 7522.56(b) require a person who has been retired under the CalPERS retirement system to be reinstated prior to beginning employment in any capacity thereafter with a CalPERS contracting agency (such as the County of Shasta) except as otherwise permitted by law.
California Government Code sections 21224 and 7522.56(d) limit the hours worked by a retired CalPERS annuitant to 960 hours in a fiscal year for all employers in that retirement system.
California Government Code sections 21224 and 7522.56(d) also establish that the rate of pay for the employment of a retired CalPERS annuitant shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties as listed on a publicly available pay schedule, divided by 173.333 to equal an hourly rate.
California Government Code section 7522.56(f) and (g) establish that a CalPERS retired person shall not be eligible for employment with a CalPERS contracting agency for a period of 180 days following the date of retirement unless he or she meets certain criteria.
California Code of Regulations, title 2, section 586.2 also requires a separation of service of at least 60 calendar days between the date of the CalPERS member’s retirement and the first day of work for the County as a retired person. However, in the event an emergency has been declared as provided in Government Code section 8558 that requires the employment of a retired person, the 60 calendar day separation in service requirement shall not apply.
On August 9, 2018, the Governor of the State of California issued Executive Order B-53-18 proclaiming a state of emergency to exist in Shasta County as a result of the Carr Fire. The order suspended the reinstatement and work hour limitations of CalPERS retired annuitants specified in Government Code sections 21220, 21224(a), and 7522.56(b), (d), (f), and (g) and declared strict compliance with the statutes specified would prevent, hinder or delay the mitigation of the effects of the Carr Fire. The Governor’s Executive Order required that the Director of the California Department of Human Resources be advised of any persons employed pursuant to these suspended provisions.
Due to the continued state of emergency in Shasta County as a result of the Carr Fire, adequate staffing is needed to expedite disaster response and recovery efforts. The suspension of the specified employment restrictions enables retired CalPERS annuitants to assist in disaster response and recovery efforts without the risk of penalties for non-compliance.
In accordance with the Governor’s Executive Order, the proposed resolution does the following:
1. The following provisions in the Shasta County Personnel Rules are suspended to ensure adequate staffing to expedite disaster response and recovery efforts:
a. The provision in Section 1.18 of the Shasta County Personnel Rules that “A California Public Employees Retirement System (CalPERS) retiree shall not work in excess of 960 hours in a fiscal year.”
b. The provision in Section 19.2(B) of the Shasta Count Personnel Rules that “A California Public Employees Retirement System (CalPERS) retiree shall not work in excess of 960 hours in a fiscal year (If a CalPERS retiree works for multiple CalPERS employers, the total hourly limit for all employers is 960 hours in a fiscal year).”
c. The provisions in Section 19.2(C)(1)(b) of the Shasta County Personnel Rules requiring s 60 day separation in service.
d. The provisions in Section 19.2(F), and (G) of the Shasta County Personnel Rules relating to rate of pay.
2. The suspension of the reinstatement and work hour limitations in Government Code sections 21220, 21224(a), and 7522.56(b), (d), (f), and (g) by Executive Order B-53-18 shall apply to the employment of CalPERS retirees by the County of Shasta.
3. The Director of the California Department of Human Resources and the California Public Employees’ Retirement System shall be notified of any individual employed pursuant to these suspended provisions.
4. The suspension of these provisions remains in effect until the Board of Supervisors of the County of Shasta removes the proclamation of a local emergency related to the Carr Fire, or the Governor removes the proclamation of a state of emergency related to the Carr Fire, whichever occurs first.