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Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 13

Meeting Date: February 14, 2006

Subject/Title: Adopt a Resolution pursuant to section 21156 of California Public Employees’ Retirement Law approving the industrial disability retirement for Brett Morris
Prepared by: Patti Standley, Human Resources Manager

Submitted by: Karen L. Chew, Assistant City Manager

RECOMMENDATION
Adopt a Resolution approving the industrial disability retirement for Brett Morris based on findings that resulted from a fitness for duty examination.

PREVIOUS ACTION
None.

BACKGROUND
Brett Morris was hired by the City of Brentwood on October 28, 2002 as a Police Officer. He worked patrol. In the course of his employment with Brentwood, on October 8, 2004 he suffered an injury for which he submitted a workers’ compensation claim on October 13, 2004.

On December 9, 2005, a third party medical determination concluded that Officer Morris suffers from permanent restrictions and that he is unable to return to his usual job based on the injury. As a result of the injury, Officer Morris suffered the condition causing this disability retirement action.

Staff contacted Officer Morris and discussed the possibility of permanent modified/alternate work. After a review of available job opportunities, all parties agreed that there is no permanent modified/alternate work available.

FISCAL IMPACT
As required by the California Public Employees’ Retirement System (CalPERS), the City will provide Advanced Disability Pension Payments (ADDP) to Officer Morris beginning February 16, 2006, in the amount of $1,533.62 semi-monthly. These payments will be reimbursed to the City by CalPERS, after Officer Morris begins receiving pension payments from CalPERS. Funds to pay Officer Morris ADDP are available in the adopted 2005/06 – 2006/07 Operating Budget.

Exact costs to the City associated with the approval of the industrial disability retirement are not known. As the City of Brentwood is a member of a group of employers, the financial impact is shared with the group and will be included as one factor of the calculation determining the City’s future retirement plan costs.

Attachment:
Resolution

RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD GOVERNMENT CODE SECTION 21156, APPROVING THE INDUSTRIAL DISABILITY RETIREMENT FOR BRETT MORRIS

WHEREAS, the City of Brentwood (“Agency”) is a contracting agency of the California Public Employees’ Retirement System (CalPERS);

WHEREAS, the Public Employees’ Retirement Law (the “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 Law and whether such disability is “industrial” within the meaning of the Law;

WHEREAS, an application of industrial disability retirement of Brett Morris (the “Employee” or “Member”) employed by the Agency in the position of Police Officer has been filed with CalPERS; and

WHEREAS, the City Council has reviewed the medical and other evidence relevant to such alleged disability;

NOW, THEREFORE BE IT RESOLVED by the City council of the City of Brentwood, that:
1. It finds and determines that the Employee is incapacitated within the meaning of the Law for performance of his usual duties in the position of Police Officer; and hereby find and determine that the Employee is incapacitated for performance of the usual duties of the position of Police Officer for other California public agencies in CalPERS. Similar positions with reasonably comparable pay, benefits and promotional opportunities with other California public agencies are not available.

2. It finds and determines that such disability is a result of injury or disease arising out of, and in the course of, employment. Neither Employee nor Agency has applied to the Workers’ Compensation Appeals Board for a determination pursuant to Section 21166 whether such disability is industrial.

3. The Member was, or will be, separated from his employment in the position of Police Officer after expiration of his rights under Government Code Section 21164, effective February 15, 2006 and that no dispute as to the expiration of such leave rights is pending.

4. The Employee’s last day on pay status will be February 15, 2006.

5. There is not a possibility of third party liability.

6. Advanced Disability Pension Payments will be made to the Member and the payments will be made semi-monthly in the amount of $1,533.62 beginning February 16, 2006.

7. The primary disabling condition is orthopedic.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 14th day of February 2006 by the following vote:
 

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