FROM: Barbara Hannah, Chief Counsel
SUBJECT: Disability Retirement Application of Suzanna Martinez
RECOMMENDATION:
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Approve and adopt the second amendment to proposed findings and recommendations of the referee regarding the Service-Connected Disability Retirement with Supplemental Retirement Allowance of Suzanna Martinez - San Bernardino County - Public Health.
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BACKGROUND:
On July 11, 2024, this matter was presented to the Board to adopt the Hearing Officer’s proposed findings of fact and recommendations. The Board adopted the Hearing Officer’s recommendation to deny the supplemental retirement allowance. However, it was determined that the effective date of April 3, 2021, as stated in the Hearing Officer’s findings, was not a valid date as it did not fall within the guidelines of Government Code section 31724. Therefore, the Board ordered the matter be remanded to the Hearing Officer to correct the effective date to the day after the last day compensated, which date has been determined to be July 6, 2019.
On July 23, 2024, the Hearing Officer submitted his Second Amendment to the Recommendations wherein he determined that the actual effective date is July 6, 2019, the day after the last day compensated, and recommended the Board adopt the effective date as stated.
Procedural Background:
At the September 7, 2023, meeting of the Board of Retirement, the Board granted Applicant’s request for a Service-Connected Disability Retirement, with an effective date of March 1, 2022, the date of application. The Board denied Applicant’s request for a Supplemental Retirement Benefit.
On September 26, 2023, October 1, 2023, and October 3, 2023, Applicant submitted her Administrative Review of Initial Hearing requests to proceed to an Expedited Administrative Review for a Supplemental Disability Retirement Allowance Benefit and an earlier effective date of Disability Retirement Benefits.
On April 16, 2024, Applicant Suzanna Martinez was served with the Hearing Officer’s Proposed Findings of Fact, Conclusions of Law, and Recommended Decision, dated March 8, 2024, and was given 10 days to file objections.
On April 22, 2024, SBCERA sent a letter to the Hearing Officer to request that a revised recommendation be provided to specifically address the Effective Date of the Disability Retirement application, as the original findings was silent on the subject.
On May 9, 2024, the Hearing Officer submitted his Amendment to Proposed Findings of Fact and Conclusions of Law and Recommended Decision to address the effective date.
On May 17, 2024, Applicant was served with the Hearing Officer’s Amendment to Proposed Findings dated May 9, 2024, and was given 10 days to file objections. Applicant did not file any objections to the Hearing Officer’s Recommendations.
Staff recommends approving the hearing officer’s second amendment to findings, to establish that the effective date is July 6, 2019, the day after the last day compensated.
Attorney - None.
STAFF CONTACT:
Barbara Hannah
David Lantzer
ATTACHMENTS:
Exhibit A: Demographic Information
Exhibit B: Hearing Officer’s Proposed Findings of Fact, Conclusions of Law, and Recommended Decision
Exhibit C: Hearing Officer’s Amendment to Proposed Findings of Fact, Conclusions of Law, and Recommended Decision
Exhibit D: Hearing Officer’s Second Amendment to Proposed Findings of Fact, Conclusions of Law, and Recommended Decision