FROM: Barbara Hannah, Chief Counsel
SUBJECT: Disability Retirement Application of Kenneth Marshall
RECOMMENDATION:
title
Review a transcript, plus other evidence received by the referee and take such action as in its opinion is indicated by such evidence in the Service-Connected Disability Retirement Application of Ken Marshall - San Bernardino County - Sheriff.
body
BACKGROUND:
This matter is in closed session for the Board to take such action as in its opinion based upon the evidence presented in the record. The issue before the Board is whether the Applicant was permanently incapacitated from the substantial performance of his usual job duties as of the date of retirement and not from any post-retirement condition or status. Under SBCERA's Procedures for Disability Retirement and Formal Hearings, counsel for Applicant and SBCERA will each be given four (4) minutes for oral argument to address the Board in closed session.
Procedural History:
At the May 2, 2024, meeting of the Board of Retirement, the Board found that Applicant is not permanently incapacitated for the performance of duties and denied Applicant's request for a service-connected disability retirement.
On May 4, 2024, Applicant requested to proceed to a Formal Hearing. The Formal Hearing was completed on July 29, 2025.
On December 26, 2025, SBCERA received the Hearing Officer's Proposed Summary of Evidence, Proposed Findings of Fact and Recommended Decision, dated December 9, 2025. On January 27, 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 February 6, 2026, Respondent SBCERA filed its Objections to the Summary of Evidence, Proposed Findings of Fact and Recommended Decision. On February 17, 2026, Applicant filed his Response to Respondent's Obj...
Click here for full text