FROM: Barbara Hannah, Chief Counsel
SUBJECT: Disability Retirement Application of Rosie Martinez
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 Rosie Martinez - San Bernardino County - Auditor/Controller - Treasurer - Tax Collector.
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BACKGROUND:
This matter is in closed session because the Applicant failed to meet her burden of proof that her disability retirement is service-connected, and therefore, the hearing officer is recommending to the Board to deny Applicant's application for a service-connected disability retirement. Under the Procedures For Disability Retirement and Formal Hearings, the Applicant has an opportunity to address the Board in closed session.
Procedural Background:
At the November 2, 2023, meeting of the Board of Retirement, the Board granted a Nonservice-Connected Disability Retirement. Additionally, the Board determined that Applicant was not capable of gainful employment and granted the Supplemental Disability Retirement allowance. On November 3, 2023, Applicant requested to proceed to an Expedited Administrative Review regarding Service-Connected Disability Retirement. On March 1, 2024, the Applicant was served with the Hearing Officer's Summary of Evidence, Proposed Findings of Fact and Recommended Decision, dated February 26, 2024. On March 5, 2024, Applicant submitted her Objections to the Hearing Officer's Summary of Evidence, Proposed Findings of Fact and Recommended Decision.
Other Options Available if Staff's Recommendation is Not Adopted:
Although staff recommends approving the hearing officer's findings, pursuant to Government Code Section 31534, upon receiving the final proposed findings and recommended decision of the referee, the board may, ...
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