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CITY COUNCIL AGENDA ITEM NO. 20



Meeting Date: March 28, 2006

Subject/Title: Adopt a Resolution as provided by Section 21173 of the Government Code to delegate to the City Manager authority to take actions with regard to disability retirement and industrial disability retirement determinations, certain reinstatements, and applications for submittal to the California Public Employees’ Retirement System (CalPERS)

Prepared by: Patti Standley, Human Resources Manager

Submitted by: Karen L. Chew, Assistant City Manager



RECOMMENDATION
Adopt a Resolution authorizing the City Manager to serve as the official authority, as applicable, to initiate, process and submit applications regarding CalPERS disability retirement and industrial disability retirement requests. Additional action that may be taken by the City Manager, pursuant to the Resolution, includes processing of requests for reinstatement of employees who are retired for disability.

PREVIOUS ACTION
None.

BACKGROUND
When a local safety member (law enforcement) is disabled in the course of duty, CalPERS requires the contracting agency to determine whether that local safety member is disabled for purposes of the Public Employees’ Retirement Law and whether such disability is “industrial” within the meaning of such law. In other words, “industrial” means disability as a result of injury or disease arising out of and in the course of employment as a local safety member (Government Code Section 20046). Authorizing the City Manager to serve as the official authority for these purposes will ensure the confidentiality of private medical information that must be reviewed and considered in making the determination. As required by CalPERS, a resolution will be brought before the City Council after the City Manager has made the above determination that the disability is in fact “industrial” and within the meaning of the law. The resolution serves as a transmittal of factual information to CalPERS.

As the designated authority for the City related to disability retirement applications, the City Manager will also be authorized to make applications to CalPERS on behalf of the City for disability retirement applications for non-industrial cases. Additionally, the City Manager would be authorized to initiate requests for reinstatement from retirement for employees who are retired for disability.

FISCAL IMPACT
As required by CalPERS, the City will provide Advanced Disability Pension Payments (ADDP) to local safety members that qualify for an industrial disability retirement. These payments are reimbursed to the City by CalPERS, after the qualified individual begins receiving pension payments from CalPERS. Funds to pay ADDP will be available in the adopted Operating Budget of a given fiscal year, as the position the qualified individual held will have been fully funded.

Exact costs to the City associated with the approval of industrial disability retirements and disability retirements 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.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD DELEGATING AUTHORITY TO THE CITY MANAGER TO MAKE DETERMINATIONS OF INDUSTRIAL DISABILITY PURSUANT TO GOVERNMENT CODE 21173


WHEREAS, the City of Brentwood (“City”) is a contracting agency of the Public Employees’ Retirement System, and

WHEREAS, the Public Employees’ Retirement Law requires that a contracting agency, such as the City, determine whether an employee classified as a local safety member is disabled for purposes of the Public Employees’ Retirement Law and whether such disability is “industrial” within the meaning of such Law, and

WHEREAS, the Public Employees’ Retirement Law allows a local agency to delegate, pursuant to Government Code Section 21173, the authority to make determinations regarding disability retirement and industrial disability retirement, and

WHEREAS, the Public Employees’ Retirement Law further allows delegation of the authority to make applications on behalf of the City for disability retirement of all employees and to initiate requests for reinstatement of employees who are retired for disability reasons.

NOW, THEREFORE BE IT RESOLVED
1. That the City Manager is authorized to make determinations under Section 21152(c) of the Government Code, on behalf of the City, of disability and whether such disability is industrial and to certify such determinations and all other necessary information to the Public Employees’ Retirement System; and

2. That the City Manager is authorized to make applications on behalf of the City for disability retirement of all employees and to initiate requests for reinstatement of such employees who are retired for disability.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 28th day of March 2006 by the following vote:



 

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City of Brentwood City Council
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