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AGENDA ITEM REVIEW FORM | ![]() |
3.A.
PSPRS - Police
- Meeting Date:
- 03/29/2023
- Submitted By:
- Maria Barajas Gutierrez, Human Resources Coordinator, Human Resources Department
ITEM:
Discussion and possible action on any and all matters regarding reemployment of retiree Javier Nuno into a Public Safety position. (Mary Barajas, Human Resources Coordinator)
SUMMARY:
The City of San Luis (COSL) Human Resources Department is submitting the appropriate information to be considered for acceptance of reemployment of the following retiree:
On October 17, 2022, a Police Officer-Lateral position was advertised on a continuous basis. During initial review of applications, from a total of 32 applicants, only seven (7) met the minimum requirements as outlined on the Job Description and were invited for pre-employment testing. Out of the seven applicants that tested, only two passed every phase of testing and were invited for an interview. Mr. Nuno was deemed the most qualified and was selected for hire.
Under A.R.S. 38-849 (G) - Limitations on receiving pension; violation; classification; reemployment after severance; reinstatement of service credits; reemployment of retired member or member with a disability; definition:
If after six months from the date of retirement a retired member becomes reemployed by the employer from which the member retired in a position other than the same position from which the member retired, employee contributions shall not be made on the retired member's account, and any service shall not be credited during the period of reemployment. The employer shall pay the alternate contribution rate pursuant to section 38-843.05.
Under A.R.S 38-843.05 - Retired members; return to work; employer contributions
A. An employer shall pay contributions at an alternate contribution rate on behalf of a retired member who returns to work in any capacity in a position ordinarily filled by an employee of the employer of an eligible group, unless the retired member is required to participate in another state retirement system and the retired member returned to work before July 20, 2011.
For the fiscal year ending on 2023, the Alternate Contribution Rate (ACR) is 8%.
The City of San Luis Human Resources Department finds that:
- Javier Nuno - DOH: March 27, 2023; Police Officer.
On October 17, 2022, a Police Officer-Lateral position was advertised on a continuous basis. During initial review of applications, from a total of 32 applicants, only seven (7) met the minimum requirements as outlined on the Job Description and were invited for pre-employment testing. Out of the seven applicants that tested, only two passed every phase of testing and were invited for an interview. Mr. Nuno was deemed the most qualified and was selected for hire.
Under A.R.S. 38-849 (G) - Limitations on receiving pension; violation; classification; reemployment after severance; reinstatement of service credits; reemployment of retired member or member with a disability; definition:
If after six months from the date of retirement a retired member becomes reemployed by the employer from which the member retired in a position other than the same position from which the member retired, employee contributions shall not be made on the retired member's account, and any service shall not be credited during the period of reemployment. The employer shall pay the alternate contribution rate pursuant to section 38-843.05.
Under A.R.S 38-843.05 - Retired members; return to work; employer contributions
A. An employer shall pay contributions at an alternate contribution rate on behalf of a retired member who returns to work in any capacity in a position ordinarily filled by an employee of the employer of an eligible group, unless the retired member is required to participate in another state retirement system and the retired member returned to work before July 20, 2011.
For the fiscal year ending on 2023, the Alternate Contribution Rate (ACR) is 8%.
The City of San Luis Human Resources Department finds that:
- Mr. Javier Nuno has met requirements of this statute of:
- Waiting 6 months before returning to work for the same employer he retired from; and not be rehired in the same position; and
- Because he has been hired into a Public Safety position, the ACR will be payable.
RECOMMENDATION / SUGGESTED MOTION:
I MOVE TO accept Human Resources findings and approve the re-employment of Mr. Javier Nuno as a Police Officer.

