FROM: Barbara Hannah, Chief Counsel
SUBJECT: Disability Retirement Application of Kevin Bragg
RECOMMENDATION:
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Approve and adopt the proposed final findings and recommendations of the referee regarding the Disability Retirement of Kevin W. Bragg - San Bernardino - Probation.
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BACKGROUND:
This matter is on consent calendar because the Applicant met his burden of proof to show that his permanent incapacity is service-connected and that he is not capable of gainful employment. The Hearing Officer is recommending the Board approve Applicant’s request for a service-connected disability retirement. Additionally, the Hearing Officer determined that Applicant is not capable of gainful employment and is entitled to the supplemental retirement allowance.
Procedural History:
At the March 2, 2023, meeting of the Board of Retirement, the Board determined that the Applicant was not permanently incapacitated for the performance of duties and therefore denied the service-connected disability retirement. The Board further found that Applicant was capable of gainful employment and denied the supplemental disability retirement allowance.
On March 30, 2023, the Applicant requested to proceed to a Formal Hearing. On October 1, 2024, the Formal Hearing was held. On March 17, 2025, the parties were served with the Hearing Officer’s Summary of Evidence, Finding of Fact, Conclusion of Law, and Recommendation After Formal Hearing, approving Applicant’s service-connected disability retirement and determined that Applicant is not capable of gainful employment and entitled to a supplemental disability retirement benefit.
On March 19, 2025, Respondent SBCERA filed its Objections to Hearing Officer’s Summary of Evidence, Finding of Fact, and Conclusion of Law. On April 13, 2025, Applicant filed his Response to Objections of Respondent.
On May 15, 2025, the Hearing Officer issued his Adoption of Hearing Officer’s Summary of Evidence, Finding of Fact, Conclusion of Law, and Final Recommendation after Formal Hearing after Considering SBCERA’s Objections to Recommendation and Applicant’s Response to Objections. The Hearing Officer found that Applicant’s disability retirement is service-connected, that he is not capable of gainful employment, and therefore entitled to the supplemental disability retirement benefit. On May 21, 2025, the parties were served with the Hearing Officer’s final recommendation.
Other Options Available if Staff’s Recommendation is Not Adopted:
Although staff recommends approving the hearing officer’s final recommendation, 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 approving and adopting the Hearing Officer’s final recommendation to grant Kevin W. Bragg a Service-Connected Disability Retirement with the Supplemental Disability Retirement allowance, with an effective date of November 22, 2021, the date of application.
Applicant, in Pro Per
Attorney for Respondent, SBCERA - Christopher Lockwood, Esq.
STAFF CONTACT:
Barbara Hannah
David Lantzer
ATTACHMENTS:
Exhibit A: Demographic Information
Exhibit B: Hearing Officer’s Adoption of Summary of Evidence, Finding of Fact, Conclusion of Law, and Final Recommendation After Formal Hearing After Considering SBCERA’s Objections to Recommendation and Applicant’s Response to Objections, dated May 15, 2025
Exhibit C: Hearing Officer’s Summary of Evidence, Finding of Fact, Conclusion of Law, and Recommendation After Formal Hearing, dated March 3, 2025
Exhibit D: Respondent’s Objections to Hearing Officer’s Summary of Evidence, Finding of Fact, Conclusion of Law
Exhibit E: Applicant’s Response to Objections from Respondent
Exhibit F: Applicant’s Closing Brief
Exhibit G: Respondent SBCERA’s Closing Brief and Appendix
Exhibit H: Applicant’s Reply Closing Brief
Exhibit I: Administrative Review of Initial Hearings
Exhibit J: Applicant’s Statement of Facts and Physician’s Report
Exhibit K: Department Statement of Facts
Exhibit L: Job Description, Physical Requirements Questionnaire