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AGENDA ITEM REVIEW FORM |  |
4.B.
PSPRS - Police
- Meeting Date:
- 03/20/2025
- 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 Marco Santana. (Mary Barajas, Human Resources Generalist)
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 September 11, 2024, the Code Compliance Specialist position was advertised continuously. During the initial review of applications, from a total of 70 applicants, only sixteen (16) met the minimum requirements as outlined in the Job Description. Out of the sixteen applicants, only two were selected and invited for an interview. Mr. Santana 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.
The ACR is payable if the retiree returns to work in a Public Safety eligible position.
The City of San Luis Human Resources Department finds that:
- Marco Santana - DOH: March 10, 2025; Code Compliance Specialist.
On September 11, 2024, the Code Compliance Specialist position was advertised continuously. During the initial review of applications, from a total of 70 applicants, only sixteen (16) met the minimum requirements as outlined in the Job Description. Out of the sixteen applicants, only two were selected and invited for an interview. Mr. Santana 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.
The ACR is payable if the retiree returns to work in a Public Safety eligible position.
The City of San Luis Human Resources Department finds that:
- Mr. Marco Santana 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 was not hired into a Public Safety position, the ACR will not be payable.
RECOMMENDATION / SUGGESTED MOTION:
I MOVE TO ACCEPT HUMAN RESOURCES FINDINGS AND APPROVE REEMPLOYMENT OF MR. MARCO SANTANA AS A CODE COMPLIANCE SPECIALIST.
Attachments
- Job Description - Police Lieutenant
- Job Description - Code Compliance Specialist
- ARS 38-849
- ARS 38-843.05