FROM: Barbara Hannah, Chief Counsel
SUBJECT: Disability Retirement Application of Kevin McCurdy
RECOMMENDATION:
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Approve and adopt the proposed findings and recommendations of the referee regarding the application for Service-Connected Disability Retirement of Kevin McCurdy - San Bernardino County - Sheriff.
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BACKGROUND:
This matter is in closed session because the Applicant failed to meet his burden of proving that there is substantial evidence of a mature claim for a disability retirement prior to his voluntary resignation in lieu of termination, effective May 4, 2023. Therefore, the Hearing Officer is recommending the Applicant's request for a Service-Connected Disability Retirement be denied, as Applicant is not eligible to apply for a disability retirement.
Procedural History:
On May 31, 2023, Applicant, Kevin McCurdy, applied for a service-connected disability retirement. On September 4, 2024, Applicant's Disability Retirement Application was rejected on the grounds that he had voluntarily resigned in lieu of termination, effective May 4, 2023, and therefore was ineligible to apply for a disability retirement.
Pursuant to Rule 6 of SBCERA's Procedures for Disability Retirement Applications and Formal Hearings, when an applicant resigns in lieu of termination, the applicant is not eligible to apply for a disability retirement. Therefore, on September 4, 2024, the matter was referred to an Administrative Review to determine if there is substantial evidence of a mature claim for disability prior to the termination for cause or resignation in lieu of termination; and, if there is substantial evidence that the termination for cause or resignation in lieu of termination was related to any mature claim for disability.
On November 19, 2024, Duane Bennett was assigned as the Hearing Officer, giving him 180 calendar days...
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