FROM: Barbara Hannah, Chief Counsel
SUBJECT: Disability Retirement Application of Muriel Hampton
RECOMMENDATION:
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Approve and adopt the proposed findings and recommendations of the referee regarding the Disability Retirement Application of Muriel Hampton - San Bernardino County - ARMC.
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BACKGROUND:
This matter is in closed session because the Applicant failed to meet her burden of proof that she is not capable of gainful employment. The Hearing Officer is recommending the Board deny Applicant’s request for a Supplemental Disability Retirement Allowance. Under SBCERA’s Procedures for Disability Retirement and Formal Hearings, Applicant will have an opportunity to address the Board in closed session.
Procedural History:
At the October 2, 2025, meeting of the Board of Retirement, the Board found that the Applicant is permanently incapacitated for the performance of duties, and a service-connected disability retirement was granted, with an effective date of October 12, 2019, the day after the last day of regular compensation. The Board further found that Applicant is capable of gainful employment and therefore, denied the supplemental disability retirement allowance.
On October 7, 2025, the Applicant requested to proceed to an Expedited Administrative Review seeking a Supplemental Disability Retirement Allowance benefit.
On December 8, 2025, Charles Scolastico was assigned as the hearing officer in the Expedited Administrative Review proceeding. Respondent SBCERA submitted its Documentary Evidence on December 19, 2025. Applicant submitted her Documentary Evidence on January 7, 2026.
On January 12, 2026, SBCERA received the Hearing Officer’s Findings of Fact and Conclusions of Law. On January 30, 2026, the Applicant was served with the Hearing Officer’s findings and recommendations, giving her ten (10) days within which to file objections to the Hearing Officer’s findings. Applicant did not submit any objections to the Hearing Officer’s findings.
Other Options Available if Staff’s Recommendation is Not Adopted:
Although staff recommends approving the hearing officer’s amended 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 is 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 the Board approve and adopt the Hearing Officer’s findings and recommendations to deny Muriel Hampton’s request for a Supplemental Disability Retirement Allowance benefit.
Applicant in Pro Per
STAFF CONTACT:
Barbara Hannah
ATTACHMENTS:
Exhibit A: Demographic Information
Exhibit B: Hearing Officer’s Findings of Fact and Conclusions of Law
Exhibit C: Request for Administrative Review of Initial Hearing
Exhibit D: Applicant’s Statement of Facts and Addendum
Exhibit E: Department Statement of Facts
Exhibit F: Job Description, Physical Requirements Questionnaire