FROM: Barbara Hannah, Chief Counsel
SUBJECT: Disability Retirement Application of Marcia C. Houston
RECOMMENDATION:
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Approve and adopt the proposed findings and the recommendations of the referee regarding the Service-Connected Disability Retirement benefit of Marcia C. Houston - San Bernardino County - Sheriff.
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BACKGROUND:
At the May 2, 2024, meeting of the Board of Retirement, the Board denied Applicant’s request for a Service-Connected Disability Retirement. On May 29, 2024, Applicant requested to proceed to an Expedited Administrative Review.
On September 12, 2024, Applicant was served with the Hearing Officer’s Summary of Evidence, Proposed Findings of Fact, and Recommended Decision to grant a Service-Connected Disability Retirement to Applicant Marcia C. Houston. No objections to the Hearing Officer’s Findings were filed.
Although staff recommends approving the hearing officer’s findings, pursuant to Government Code section 31534, upon receiving the final proposed findings and recommended decision of the referee, the board may, in the alternative:
(a) Require a transcript or summary of all the testimony, plus all other evidence received by the referee. Upon receipt thereof the board shall take such action as in its opinion as indicated by such evidence, or
(b) Refer the matter back with or without instructions to the referee for further proceedings, or
(c) Set the matter for hearing before itself. At such a hearing, the board shall hear and decide the matter as if it had not been referred to the referee.
Again, staff recommends approving and adopting the hearing officer’s decision to grant Marcia C. Houston a Service-Connected Disability Retirement, with an effective date of February 26, 2022, the day after the last day she received regular compensation.
This matter is on consent as the hearing officer rendered a decision in favor of Ms. Houston to recommend granting a Service-Connected disability retirement.
Attorney - None
STAFF CONTACT:
Barbara Hannah
David Lantzer
ATTACHMENTS:
Exhibit A: Demographic Information
Exhibit B: Hearing Officer’s Summary of Evidence, Proposed Findings of Fact and Recommended Decision
Exhibit C: Request for Administrative Review of Initial Hearings
Exhibit D: Applicant’s Statement of Facts and Physician’s Report
Exhibit E: Department Statement of Facts
Exhibit F: Job Description, Physical Requirements Questionnaire