FROM: Barbara Hannah, Chief Counsel
SUBJECT: Disability Retirement Application of Kevin Bragg
RECOMMENDATION:
title
Approve and adopt the proposed final findings and recommendations of the referee regarding the Disability Retirement of Kevin W. Bragg - San Bernardino - Probation.
body
BACKGROUND:
This matter is on consent calendar because the Applicant met his burden of proof to show that his permanent incapacity is service-connected and that he is not capable of gainful employment. The Hearing Officer is recommending the Board approve Applicant's request for a service-connected disability retirement. Additionally, the Hearing Officer determined that Applicant is not capable of gainful employment and is entitled to the supplemental retirement allowance.
Procedural History:
At the March 2, 2023, meeting of the Board of Retirement, the Board determined that the Applicant was not permanently incapacitated for the performance of duties and therefore denied the service-connected disability retirement. The Board further found that Applicant was capable of gainful employment and denied the supplemental disability retirement allowance.
On March 30, 2023, the Applicant requested to proceed to a Formal Hearing. On October 1, 2024, the Formal Hearing was held. On March 17, 2025, the parties were served with the Hearing Officer's Summary of Evidence, Finding of Fact, Conclusion of Law, and Recommendation After Formal Hearing, approving Applicant's service-connected disability retirement and determined that Applicant is not capable of gainful employment and entitled to a supplemental disability retirement benefit.
On March 19, 2025, Respondent SBCERA filed its Objections to Hearing Officer's Summary of Evidence, Finding of Fact, and Conclusion of Law. On April 13, 2025, Applicant filed his Response to Objections of Respondent.
On May...
Click here for full text