FROM: Barbara Hannah, Chief Counsel
SUBJECT: Disability Retirement Application of Rafael A. Rosas
RECOMMENDATION:
title
Approve an extension for the hearing officer's jurisdiction for an additional period of 120 days, up to and including September 25, 2024, for the Formal Hearing appeal regarding Rafael A. Rosas' Service-Connected Disability Retirement with Supplemental Retirement Allowance.
body
Requested Benefit:
1. Service-Connected Disability Retirement with Supplemental Retirement Allowance.
BACKGROUND:
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. SBCERA served its Prehearing Statement and Exhibits on the Hearing Officer and Applicant's Counsel on March 15, 2024. Applicant's Prehearing Statement is currently due on April 1, 2024.
On March 20, 2024, SBCERA received a Notice of Withdrawal of Michael J. DeNiro as Applicant's attorney of record. Because Applicant is now in propria persona, it is necessary to conduct a Prehearing Conference hearing, pursuant to Rule 23 of SBCERA's Procedures. Additionally, Applicant will nee...
Click here for full text