FROM: Barbara Hannah, Chief Counsel
SUBJECT: Disability Retirement Application of Bradley R. Heard
RECOMMENDATION:
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Approve the corrected effective date of Bradley R. Heard’s service-connected disability retirement benefit to July 27, 2024, which is the day following the last day for which Mr. Heard received regular compensation.
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Requested Benefit:
1. Correct the effective date for the service-connected disability retirement benefit.
Staff Recommendation:
1. Correct the effective date of Bradley R. Heard’s service-connected disability benefit, which the Board previously granted as of July 13, 2024.
2. Approve the commencement of disability benefit payments with an effective date of July 27, 2024, the day after the last day of regular compensation.
BACKGROUND:
On July 11, 2024, the SBCERA Board granted a Service-Connected Disability Retirement with an effective date of the day after the last day of regular compensation. Initially, staff determined and communicated an effective date of July 13, 2024, however, in the subsequent payroll reporting from the employer, they reported additional regular compensation as the member was exhausting sick leave. Government Code Section 31724 states that “[A] disability retirement allowance shall be effective as of the date of such application is filed with the board, but not earlier than the day following the last day for which he received regular compensation.”
Since Mr. Heard continued receiving regular compensation after the filing of his disability retirement application, his effective date should be the date after the last day for which he received regular compensation. Therefore, the effective date should be July 27, 2024, the day after the last day of regular compensation.
Attorney - None
STAFF CONTACT:
Barbara Hannah
David Lantzer
ATTACHMENTS:
None.