FROM: Barbara Hannah, Chief Counsel
SUBJECT: Disability Retirement Application of Wendy A. James
RECOMMENDATION:
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Approve and adopt the proposed findings and recommendations of the referee regarding the Service-Connected Disability Retirement with Supplemental Retirement Allowance of Wendy A. James - San Bernardino County - Preschool Services
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BACKGROUND:
This matter is in closed session because the Applicant failed to meet her burden to prove that the effective date for the service-connected disability retirement should be September 28, 2019. The Hearing Officer is recommending the Board approve Applicant's request for a service-connected disability retirement with an effective date of August 18, 2021, the date of application. Additionally, the Hearing Officer is recommending the Board grant Applicant the supplemental disability retirement allowance, as she is not capable of gainful employment. Under the Procedures for Disability Retirement and Formal Hearings, Applicant and SBCERA's Counsel have an opportunity to address the Board in closed session.
Procedural History:
At the January 5, 2023, meeting of the Board of Retirement, the Board granted Applicant a service-connected disability retirement, with an effective date of August 18, 2021, the date of application. The Board further found that Applicant is capable of gainful employment and therefore, denied the supplemental disability retirement allowance.
On January 23, 2023, Applicant requested to proceed to a Formal Hearing. On June 4, 2024, the parties were served with the Hearing Officer's Proposed Summary of Evidence, Proposed Findings of Fact and Recommended Decision. On June 6, 2024, Respondent SBCERA submitted its Objections to the Hearing Officer's Summary of Evidence, Proposed Findings of Facts and Recommended Decision. On June 20 and June 21, 2024, A...
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