FROM: Barbara Hannah, Chief Counsel
SUBJECT: Disability Retirement Application of Rafael A. Rosas
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 with Supplemental Retirement Allowance of Rafael A. Rosas - Probation - County of San Bernardino.
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BACKGROUND:
This matter is in closed session because the Applicant failed to meet his burden that he is permanently incapacitated; and, therefore, the hearing officer is recommending the Board deny Applicant's application for service-connected disability retirement with a supplemental retirement allowance. Under SBCERA's Procedures for Disability Retirement and Formal Hearings, Applicant and SBCERA's counsel will have an opportunity to address the Board in closed session.
Procedural History:
On January 5, 2023, the Board referred this matter to an Administrative Hearing to determine member's incapacities. On January 13, 2023, Applicant was notified that the Board voted to refer this matter to a hearing officer to provide a recommendation regarding the disability retirement application.
On November 30, 2023, Duane E. Bennett was assigned as the Hearing Officer giving him 180 calendar days, up to and including May 28, 2024, to complete the Formal Hearing proceeding, pursuant to Rule 11, of SBCERA's Procedures for Disability Retirement Applications and Formal Hearings.
On January 18, 2024, SBCERA received a Notice of Representation of Counsel, naming Michael J. DeNiro as Applicant's attorney of Record. Thereafter, the parties agreed that the Formal Hearing would be held on May 14, 2024, and deadlines for submission of evidence were set.
On March 20, 2024, SBCERA received a Notice of Withdrawal of Michael J. DeNiro as Applicant's attorney of record. Because Appl...
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