CITY COUNCIL AGENDA ITEM
Meeting Date: June 8, 2004
Subject/Title: A Resolution pursuant to section 21156 of California Public
Employees’ Retirement Law approving the industrial disability retirement for
George W. Johnson
Prepared by: Patti Standley, Human Resources Manager
Submitted by: Karen Stein, Assistant City Manager
Adopt a Resolution approving the industrial disability retirement for George
W. Johnson as recommended by Lisa Poirier, Workers’ Compensation Claims
Adjuster from Contra Costa County Municipal Risk Management Insurance
George W. Johnson was hired by the City of Brentwood on November 11, 1977 as
a Police Officer. He worked patrol until his special assignment to Police
Officer/Detective on August 12, 2002. In the course of his employment with
Brentwood, he suffered an injury for which he submitted a workers’
compensation claim on December 18, 2003.
On February 19, 2004, a third party determination concluded that Officer
Johnson suffers from permanent restrictions and that he was unable to return
to his usual job based on the injury. As a result of the injury, Officer
Johnson suffered the condition causing this disability retirement action.
Officer Johnson applied for and qualified for a service retirement with
CalPERS. Effective April 17, 2004, Officer Johnson retired from employment
based on a service retirement. However, due to the work-related injury,
Officer Johnson is eligible for and is requesting to convert his service
retirement to a disability retirement. Converting his service retirement to
a disability retirement will provide Officer Johnson with a portion of
retirement benefits that are not subject to taxes. The conversion from
service retirement to disability retirement will have no fiscal impact on
Prior to his service retirement, staff met with Officer Johnson to review
the possibility of permanent modified/alternate work. After a review of
available job opportunities, all parties agreed that there was no permanent
modified/alternate work available.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD PURSUANT TO
SECTION 21156 OF CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT LAW APPROVING THE
INDUSTRIAL DISABILITY RETIREMENT FOR GEORGE W. JOHNSON
WHEREAS, the City of Brentwood (hereinafter referred to as Agency) is a
contracting agency of the Public Employee’s Retirement System;
WHEREAS, the Public Employee’s Retirement Law requires that a contracting
agency determine whether an employee of such agency in employment in which
he is classified as a local safety member is disabled for purposes of the
Public Employee’s Retirement Law and whether such disability is “industrial”
within the meaning of such Law;
WHEREAS, an application for disability retirement of George W. Johnson
employed by the Agency in the position of Police Officer has been filed with
the Public Employees’ Retirement System;
WHEREAS, the City Council of the City of Brentwood has reviewed the medical
and other evidence relevant to such alleged disability;
NOW, THEREFORE BE IT RESOLVED that the City Council find and determine and
it does hereby find and determine that George W. Johnson is incapacitated
within the meaning of the Public Employees’ Retirement Law for performance
of his duties in the position of Police Officer;
BE IT FURTHER RESOLVED that the City Council find and determine and it does
hereby find and determine that such disability is a result of injury arising
out of and in the course of employment. Neither said George W. Johnson nor
the agency City of Brentwood has applied to the Workers’ Compensation
Appeals Board for a determination pursuant to Section 21166 whether such
disability is industrial.
BE IT FURTHER RESOLVED that the member has separated from his employment and
the position of Police Officer after expiration of his leave rights under
Section 21164, Government Code, effective April 16, 2004, and that no
dispute as to the expiration of such leave rights is pending. His last day
on pay status was April 16, 2004.
There is not a possibility of third party liability.
Advanced Disability Pension payments will not be made.
The primary disabling condition is orthopedic.
The member’s disabling condition is not a direct consequence of a violent
act perpetrated upon the member’s person.
The City Council of the City of Brentwood directs staff to forward a copy of
this Resolution to the California Public Employees’ Retirement System.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at
a regular meeting held on June 8, 2004 by the following vote:
Brian A. Swisher
City of Brentwood