Res 22-056RESOLUTION NO. 22-056
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, FOR A 180-DAY WAITING PERIOD
EXCEPTION TO HIRE A RETIRED ANNUITANT PURSUANT TO
GOVERNMENT CODES SECTIONS 7522.56 AND 21224
WHEREAS, in compliance with Government Code section 7522.56 of the Public
Employees' Retirement Law, the Poway City Council must provide CalPERS this certification
resolution when hiring a retiree before 180 days has passed since their retirement date;
WHEREAS, Krista Blanton retires from the City of Poway in the position of Senior
Accounting Technician, effective August 08, 2022;
WHEREAS, Government Code section 7522.56 requires that post -retirement employment
commence no earlier than 180 days after the retirement date, which is February 04, 2023 without
this certification resolution;
WHEREAS, Government Code section 7522.56 provides that this exception to the 180-
day wait period shall not apply if the retiree accepts any retirement -related incentive;
WHEREAS, the Poway City Council, the City of Poway and Krista Blanton certify that
Krista Blanton has not and will not receive a Golden Handshake or any other retirement -related
incentive;
WHEREAS, the Poway City Council hereby appoints Krista Blanton as an extra help
retired annuitant to perform the duties of the Senior Accounting Technician for the City of Poway
under Government Code section 21224, effective August 08, 2022;
WHEREAS, the entire employment agreement, contract or appointment document
between Krista Blanton and the City of Poway has been reviewed by this body and is attached
hereto as Exhibit A;
WHEREAS, no matters, issues, terms or conditions related to this employment and
appointment have been or will be placed on a consent calendar;
WHEREAS, the employment shall be limited to 960 hours per fiscal year for all CaIPERS
employers;
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor
exceed the maximum monthly base salary paid to other employees performing comparable
duties, divided by 173.333 to equal the hourly rate;
WHEREAS, the maximum base salary for this position is $6,144 and the hourly equivalent
is $35.4464, and the minimum base salary for this position is $5,054 and the hourly equivalent is
$29.1623;
WHEREAS, the hourly rate paid to Krista Blanton will be $35.4464; and
WHEREAS, Krista Blanton has not and will not receive any other benefit, incentive,
compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate.
Resolution No. 22-056
Page 2
NOW, THEREFORE, BE IT RESOLVED THAT the Poway City Council hereby certifies
the nature of the employment of Krista Blanton as described herein and detailed in the attached
employment agreement / contract / appointment document and that this appointment is necessary
to fill the critically needed position of Senior Accounting Technician for the City of Poway by
August 08, 2022 because Ms. Blanton has specialized skills after serving the City for seventeen
years which are needed over the next several months to perform biweekly payroll, CalPERS
reporting, and various other payroll and Accounts Payable procedures including yearend
procedures and training the new Senior Accounting Technician.
PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council
of the City of Poway, California on the 19th day of July, 2022 by the following vote, to wit:
AYES: LEONARD, FRANK, GROSCH, MULLIN, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, Cit Clerk
Resolution No. 22-056
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EXHIBIT A
CITY OF POWAY
- Retired Annuitant — Employment Agreement
Government Code (GC) sections 7522.56 and 21224 permit employees who retire and receive
CalPERS retirement benefits to accept limited, post -retirement, employment without reinstatement
or loss or interruption of benefits. A retired person (Retired Annuitant), whose employment without
reinstatement is authorized by Government Code Sections 7522.56 and 21224, shall acquire no
service credit or retirement rights unless she reinstates from retirement.
I. Conditions of Limited Appointment
Post -retirement service must be attributable to either an emergency event (to prevent stoppage of
public business) or the Retired Annuitant has skills needed to perform work of limited duration (GC
7522.56.c).
II. Length of Appointment
Retired Annuitants are restricted to working a maximum of 960 hours within a fiscal year (GC
7522.56.d) and both the City and the Retired Annuitant are responsible for tracking hours of
employment. Krista Blanton has been appointed to serve as the Senior Accounting Technician on
an, as -needed, interim basis, beginning August 8, 2022 during the recruitment process and to
assist with the transition of the incoming Senior Accounting Technician, once the position is filled.
Employing a retiree in excess of the 960 hours limit per fiscal year may jeopardize the retiree's
retirement benefits and/or require reinstatement from retirement.
Krista Blanton will immediately notify the City of Poway should they perform work as a Retired
Annuitant for any other CalPERS member agency during the term of this agreement.
(Initials)
III. Compensation
The rate of pay for these services shall be no less than the minimum and no more than the
maximum rate of pay for other employees performing comparable functions (GC 7522.56.d).
Based upon the approved Salary Schedule for classifications within the Management Confidential
Group, the City's hourly rate of pay for a Senior Accounting Technician ranges from $29.1623 to
$35.4464. For the term of this agreement, Krista Blanton will be compensated at an hourly rate of
$35.4464, which is within the approved, allowable pay range for this position.
Retired Annuitants are not eligible for any other benefit, incentive, compensation in lieu of benefit
or other form of compensation in addition to this hour pay rate including holidays, sick leave,
vacation or any employee leave or benefit program.
IV. Unemployment Insurance Compensation
Retired Annuitants are ineligible to serve or be employed by a public employer if, during the 12-
month period prior to an appointment, the Retired Annuitant received any unemployment insurance
compensation arising out of prior employment with a public employer (GC 7522.56.e.1).
Furthermore, a Retired Annuitant that accepts employment, and has received unemployment
Resolution No. 22-056
Page 4
insurance compensation within the 12-month period preceding employment, must terminate
employment effective the last day of the current payroll period. The Retired Annuitant shall not be
eligible for reappointment for a period of 12 months following the termination date (GC
7522.56.e.2).
In accordance with these provisions, Krista Blanton has not received unemployment insurance
compensation during the 12-month period preceding this appointment. (Initial)
V. 180-Day Rule
A Retired Annuitant is not eligible to be employed for a period of 180 days following the date of
retirement, unless one of the following conditions is satisfied for a local government agency:
■ The City of Poway certifies the nature of the employment, and that the appointment is
necessary to fill a critically needed position before 180 days have passed and the
appointment has been approved by the governing body of the employer in a public meeting.
The appointment may not be placed on a consent calendar. (GC 7522.56 (f)1) Resolution
#19-007 approved on July 19, 2022.
The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a
public safety officer or firefighter. (GC 7522.56(f)4)
Additionally, a Retired Annuitant who accepted a retirement incentive upon retirement shall not be
eligible for employment for a period of 180 days following the date of retirement and the provisions
of GC 7522.56(f) shall not apply. (GC 7522.56(g))
Hiring a retiree prior to their meeting the required waiting periods may jeopardize the retiree's
retirement benefits and/or require reinstatement from retirement.
Krista Blanton retired from public service effective August 8, 2022. Based upon an effective date
of July 19, 2022, the terms of this appointment are in compliance with the 180-day statutory
requirements. (Initials)
VI. Acknowledgement and Agreement
I, Krista Blanton, Retired Annuitant, accept a limited appointment as a Senior Accounting
Technician with the City of Poway. By signing this agreement, I acknowledge that I am in
compliance with the statutory provisions contained herein, and I further agree to maintain
compliance for the duration of this agreement.
Retired Annuitant
Approved By:
Date
Director of Human Resources/Risk Management Date
City of Poway
City Manager
City of Poway
Date