RESOLUTION NO. ___-12

REGARDING CONTINUATION OFEMPLOYMENT OF

RETIRED ANNUITANTS

WHEREAS, the Public Employment Retirement Law (Government Code section 21000 et seq.) creates the California Public Employment Retirement System (“CalPERS”), which creates a comprehensive retirement system for local and state public agencies throughout the State;

WHEREAS, Trinity County provides retirement benefits to its employees through CalPERS;

WHEREAS, once an employee retires within the CalPERS system, he or she is generally precluded from continuing in public employment, without reinstatement, unless specifically authorized by the Public Employment Retirement Law;

WHEREAS,one of the situations in which post-retirement employment is authorized is set forth in Government Code section 21224(a), as amended by the AB 1028 legislation, which took effect on January 1, 2012, and which recognizes local agencies may employ retired annuitants who have “specialized skills needed in performing work of limited duration”;

WHEREAS, Government Code section 7522.56, enacted as part of AB 340 in September 2012, and which shall take effect on January 1, 2013, generally precludes retired annuitants from taking on public employment of limited duration until 180 days have passed since their retirement;

WHEREAS, section 7522.56 creates an exception to the 180-day limitation if a public employer certifies, during a public meeting, that employment of retired annuitants beginning fewer than 180 days from their retirement “is necessary to fill [] critically needed position[s]”;

WHEREAS, consistent with the AB 1028 legislation, which became effective on January 1, 2012, the County hired retired annuitants from within the CalPERS system, identified in Exhibit A to this Resolution, to perform work of limited duration;

WHEREAS,the Board of Supervisors finds that continuing the limited-duration employment of each of the retirees set forth in Exhibit A is of significant importance to the County in that: (1) the County has a large demand of non-permanent work that must be performed and that, by nature, is of limited duration; (2) the retirees identified in Exhibit A, because of their former full-time employment, have the specialized skills necessary to fill their current positions; and (3) the County does not have the staffing, funding, or resources available to assign the limited-duration work to permanent County employees.

WHEREAS, the Board finds that to the extent any employee identified in Exhibit A was hired within 180 days of the effective date of his or her retirement, his or her hiring as a retired annuitant to his or her current position was necessary to fill a critically needed position due to the press of work that was then pending and the absence of other qualified potential employees who could perform the necessary work.

NOW, THEREFORE, BE IT RESOLVED that, for the reasons stated above, the Board of Supervisors authorizes the continued employment of the individuals set forth in Exhibit A as retired annuitants.

PASSED AND ADOPTED by the Board of Supervisors of the County of Trinity, State of California, at a regular meeting of said Board, held on the 4th day of December 2012, by the following vote:

AYES:

NOES:

ABSENT:

______

  1. Roger Jaegel

Chair, Board of Supervisors

ATTEST:

______

Clerk of the Board of Supervisors

EXHIBIT A

RETIRED ANNUITANTS EMPLOYED BY COUNTY

{DPC/00022575. }