FROM: Barbara Hannah, Chief Counsel
SUBJECT: Benefits Appeal - Deny Omar Palaciosreal’s request to have a 3% at 50 formula applied to the calculation of his non-service connected disability retirement and in accordance with Government Code section 31897.6 recoup and in accordance with Government Code section 31897.6 deduct the advance disability pension payments from Mr. Palaciosreal’s non-service connected disability for reimbursement to the County of San Bernardino for such payments he received.
RECOMMENDATION:
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Approve and adopt the Proposed Findings of Fact, Proposed Conclusions of Law, and Proposed Disposition to deny Omar Palaciosreal’s request to have his non-service connected disability retirement benefit calculated with a 3% at 50 formula and in accordance with Government Code section 31897.6 deduct the advance disability pension payments from Mr. Palaciosreal’s non-service connected disability for reimbursement to the County of San Bernardino for such payments he received.
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BACKGROUND:
See Attached Proposed Findings of Fact, Proposed Conclusions of Law, and Proposed Disposition Memorandum - Exhibit A.
BUDGET IMPACT:
None.
STRATEGIC PLANNING GOAL/OBJECTIVE:
Operational Excellence & Efficiency
COMMITTEE REVIEW:
Not Applicable.
STAFF CONTACT:
Barbara Hannah
ATTACHMENTS:
Exhibit A Memorandum re Proposed Findings of Fact, Proposed Conclusions of Law, and Proposed Disposition.
Exhibit B: CEO Administrative Decision Dated 06/12/2020
Exhibit C: Member’s Notice of Appeal Received 07/12/2020
Exhibit D: Member’s Enrollment Affidavit, dated 03/18/2003
Exhibit E: SBCERA Board Minutes dated 06/02/2016
Exhibit F: Member’s Request for Administrative Appeal to Formal Hearing, dated 06/22/2016
Exhibit G: Hearing Officer’s Recommendation, dated 05/01/2018
Exhibit H: Applicant’s Objections to Hearing Officer’s Findings, dated 05/17/2018
Exhibit I: Hearing Officer’s Supplemental Recommendation, dated 06/11/2018
Exhibit J: SBCERA Board Minutes dated 09/06/2018
Exhibit K: SBCERA Letter to Member re Board Determination and obligation to Pay Nonservice Connected Disability Retirement Benefit, dated 03/24/2020
Exhibit L: SBCERA letter to Member in Response to Request for Clarification, dated 04/22/2020
Exhibit M: Email Response from Member Received 04/30/2020
Exhibit N: SBCERA Board Benefits Policy No. 025 (Issue 2.0) - Requests and Appeals for Pension Benefits (Effective 11/07/2019)
Exhibit O: Government Code section 31727.7 - Nonservice Connected Disability Retirement
Exhibit P: Board of Supervisor Resolution re Adoption of Government Code section 31664.1 - 3% at 50 formula for Safety Members
Exhibit Q: Accounting of PDR Payments Made to Applicant by Employer
Exhibit R: SBCERA Schedule Re: Calculation for Retroactive Amount Owed to Applicant.