BACKGROUND: (CONT'D)
The Board of Retirement's Regulations cover a number of topics including compliance with the federal law, Internal Revenue Code 401(a). Specifically, the Regulations require the following for members who retire prior to attaining normal retirement age (age 50 for safety members and age 55 for general member): 1) That no prearrangement to be reemployed by the employer after retirement exists; and 2) That they must have at least a 90-day break from service prior to reemployment. Additional limitations on post-retirement employment are set forth in Government Code Section 7522.56, et seq.
On March 4, 2020, the Governor of the State of California proclaimed a State of Emergency to exist in California as a result of the COVID-19 outbreak. Pursuant to Executive Order N-25-20, certain work hour limitations for retired annuitants have been suspended in order to ensure adequate staffing during the emergency. Executive Order N-29-20 clarified that the suspension applies to local government. While federal law restrictions continue to apply, it is permissible under federal law to include an emergency exception to certain restrictions. In light of the current state of emergency, at its April 8, 2020 meeting, the Board of Retirement recommended and adopted an emergency exception to the 90-day break in service requirement contained in the Regulations. Attached are both proposed and redlined versions of the revisions to the Board of Retirement Regulations.
CONSEQUENCE OF NEGATIVE ACTION:
Revisions to the Board of Retirement Regulations will not be approved by the Board of Supervisors.