FROM: Barbara Hannah, Chief Counsel
SUBJECT: Disability Retirement Application of Lauro Hernandez
RECOMMENDATION:
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Approve and adopt the proposed findings and recommendations of the referee regarding the application for a Service-Connected Disability Retirement of Lauro Hernandez - San Bernardino County - Department of Risk Management.
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BACKGROUND:
This matter is in closed session because the Applicant failed to meet his burden of proving that his application was timely filed under Rule 5 (Timely Applications) of SBCERA’s Procedures for Disability Retirement Applications and Formal Hearings (Procedures). Specifically, the Applicant failed to establish that he was continuously incapacitated from the performance of his usual duties from the date of discontinuance of service to the date he submitted his disability retirement application for a service-connected disability retirement with a supplemental disability retirement allowance. Under SBCERA’s Procedures Applicant and counsel for Respondent SBCERA will each be given four (4) minutes for oral argument to address the Board in closed session.
Procedural History:
On October 3, 2024, Applicant Lauro Hernandez filed for a disability retirement application with the supplemental disability retirement allowance. On October 29 and October 30, 2024, Applicant submitted amendments to the disability retirement application seeking to add additional claimed injuries to his application.
On December 11, 2024, SBCERA rejected the application as untimely under Rule 5 of SBCERA’s Procedures and referred the matter to a formal hearing proceeding. The Formal Hearing was completed on January 21, 2026.
On July 26, 2026, SBCERA received the Hearing Officer’s Proposed Summary of Evidence, Findings of Fact, Conclusions of Law, and Recommendation After Formal Hearing. On August 5, 2026, the Hearing Officer’s Proposed Findings and Recommendations were served on the parties, giving them ten (10) days within which to file objections. On August 17, 2026, Applicant Lauro Hernandez filed Objections to the Hearing Officer’s proposed findings of fact and recommendations. On August 31, 2026, Respondent SBCERA filed its Response to Applicant’s Objections to Hearing Officer’s Proposed Findings.
On September 30, 2026, SBCERA received the Hearing Officer’s Rejection of Applicant’s Objections and Reaffirmation of the Recommendations wherein he adopted his initial proposed recommended decision.
Additionally, on September 17, 2026, Applicant Lauro Hernandez submitted a letter to SBCERA providing an additional statement in regard to his disability retirement. Because the Applicant’s objections submitted on August 17, 2026, were previously forwarded to the Hearing Officer for consideration, the statement received on September 17, 2026, was not provided to the Hearing Officer. Instead, the statement is provided to the Board for review and consideration and marked as Exhibit F.
Other Options Available if Staff’s Recommendation is Not Adopted:
Pursuant to Government Code section 31534, upon receiving the final proposed findings and recommended decision of the referee, the board shall:
(a) Approve and adopt the Proposed Findings of Fact and Recommended Decision of the Hearing Officer, or
(b) Require a transcript or summary of all the testimony, plus all other evidence received by the referee. Upon the receipt thereof, the Board shall take such action as in its opinion is indicated by such evidence, or
(c) Refer the matter back with or without instructions to the referee for further proceedings, or
(d) 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.
Applicant is in Pro Per
Attorney for Respondent - Allison C. Callaghan (Nossaman LLP)
STAFF CONTACT:
Barbara Hannah
ATTACHMENTS:
Exhibit A: Demographic Information
Exhibit B: Hearing Officer’s Proposed Summary of Evidence, Findings of Fact and Recommended Decision
Exhibit C: Applicant’s Objections to the Summary of Evidence Proposed Findings of Fact and Recommended Decision
Exhibit D: Respondent SBCERA to Respondent’s Objections to the Summary of Evidence, Proposed Findings of Fact and Recommended Decision
Exhibit E: Hearing Officer’s Response to Objections to Proposed Recommended Decision
Exhibit F: Supplemental Letter from Applicant to SBCERA
Exhibit G: Applicant’s Closing Brief
Exhibit H: Respondent’s Closing Brief
Exhibit I: Applicant’s Reply Closing Brief
Exhibit J: Notice of Rejected Application and Referral to Formal Hearing
Exhibit K: Applicant’s Statement of Facts, Physician’s Report and Amendment
Exhibit L: Department Statement of Facts
Exhibit M: Job Description, Physical Requirements Questionnaire