FROM: Barbara Hannah, Chief Counsel
SUBJECT: Disability Retirement Application of Ray Cervantes
RECOMMENDATION:
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Approve and adopt the proposed findings and recommendations of the referee regarding the Nonservice-Connected Disability Retirement with Supplemental Retirement Allowance of Ray Cervantes - San Bernardino County - Purchasing
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BACKGROUND:
This matter is in closed session because the Applicant failed to meet his burden that he is permanently incapacitated and therefore, the hearing officer is recommending the Board deny Applicant's application for a service-connected disability retirement. Under the Procedures for Disability Retirement and Formal Hearings, Applicant and SBCERA's Counsel have an opportunity to address the Board in closed session.
Procedural History:
At the September 1, 2022, meeting of the Board of Retirement, the Board denied Applicant's request for a Nonservice-Connected Disability Retirement. On September 25, 2022, Applicant requested to proceed to a Formal Hearing. On February 12, 2024, the parties were served with the Hearing Officer's Proposed Summary of Evidence and Suggested Findings of Fact and Conclusions of Law, dated January 20, 2024. On February 20, 2024, Applicant submitted his Objections to the proposed Findings of Fact and Conclusions of Law. Respondent SBCERA did not file a response to Applicant's Objections. On March 2, 2024, the Hearing Officer submitted a Response to Applicant's Objections and Notice of Final Proposed Findings, requesting the proposed decision be adopted by the Board without alteration.
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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