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Home My WebLink About0530.092'. ~. ~ .... ~ ~ November 19, 1992 THE HONORABLE CITY COUNCIL Palo Alto, California 4 Rggolution Relatiye to pisability Retirements of City EmplQyees Members o~ the council: Report in Brief Attached for council approval is a resolution authorizing the city Manager to Act ~n behalf of the city of Palo Alto with regard to disability retiremen~s of City employees; establishing a procedure for industrial disability retirement determinations of local safety officer employees who are members of the Public Employees' Retirement system; and rescinding Resolution No. 4857. BackgrQund Article 3 of Division 5 of Title 2 of the califorr.ia Government Code, establishes the circumstances under which an employee whc is a member of the Public Employees" Retirement System {-PERS"J may be granted a disability retirement. Article 3 has chanqed extensively since the adoption of Resol.ution No. 4857, which was adopted December 17, 1973. Procedures tor the consideration of applications tor disability retirement of City employees who are local safety members of PERS require the Director of Rum~n Resources or other such person as ~he City Manager may desiqnate, to make a determination whether the employee is incapacitated for the performance of dut}', and the incapacity is a result of industrial disabjlity. This procedure ~as adopted in 1973 and has been the policy since that time. The PERS law 'Was recently changed to require that the City's determination be s~bject to an appeals process. If the employee files an appeal, the City shall be required to conduct a hearing by an administrative law judge, pursuant to the Administrative Procedures Act (Chapter 5, commencing with Section 11500, of Part 1 of Division 3 of Title 2 of the Government Code; as from time to time may be amended). This resolution sets forth the requirements and procedures for the City of Palo Alto to comply ~ith this le9a1 requirement. \ -----' -.....,.- staff raco .. ends Council approval of the attached Resolution a.endinq the Procedures for the Conpidet:'ation of Application for Disability Retire:ment of city Employees and rescincti..nq Resolution No. 4857. Respecttully submitted, ~14UU~, ~Hj,-/£-- J!AlfDALL F. RAPOTII fi~ R •• aurce. Representative '(~ C fJ ~ JAY C. ROt'IIDS D~~Ourcea "q FLEIIING Interia City Manager Attachaent: Resolution t<?\ ~ '. RESOLUTION NO. RESOLUTION OF THE COUNCIL OF T-dE CITY OF PAL'() ALTD AUl'HORIZING THB CITY Mlu.'1AGER TO ACT ON BEHALF OF THE CITY OF PALO ALTO WITH REGARD TO DISABILITY RBTIREMEN'TS OF CITY EMPLOYEES; ESTABLISHING A PROCEDURE FOR INDUSTRIAL DISABILITY RETIREMENT DETERMINATIONS OF LOCAL SAFETY OFFICER EMPLOYEES WHO ARE MEMBERS OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM; AND RESCINDING RESOLUTION NO. 4857 WHEREAS, Article.3 (commencing with section 21020) of Division 5 of Title 2 of the California Government Code establishes the circumstances under which an employee who is a member of the Public Employees' Retira~nt System '·PBRS~} may be granted a disability retiremeut; and WHEREAS, pursuant to said Article 3 , the City is charged with the duty to determir:ae, with respect to an application for disability retirement, whether a City employee who is a local safety nu~mber of PERS is incapaCitated for the performance of duty and whether such incapacity is the result of an lIindustrial" disability under the PERS law; and ~REAS, pursuant to Resolution No. 17. 1973. the City Coun~il delegated determinations with respect to disability safety membe~s of PERS; and 4857. adopted December authority for making retireme!lts for local WHEREAS, Article 3 haa changed extensively since the adoption of Resolution No. 4957. and the City COI..Ulcil finds it desirable to establish a nrocedure for the consideration of applications for disability -retirem~nt of City employees who ar.e local safety members of PBRS. and to rescind Resolution No. 4B57; and WHEREAS. Government Code section 21034 authorizes the City Council to delegate to a subordinate officer the a'J.thority to act on behalf of the City with respect to disability retirements of City employees r including. but not limited to, local safety employees. NOW. THEREFORE, the City Council of the City of Palo Alto does RBSOLVE as follows: SECTION 1. Pur6uant to California Government Code section 21034, the City Council hereby delegates to the City Manager and the Director of Human Resources, or either of them, ~he authority to act on behalf of the City of Palo Alto with respect to disability retirements of employees of the City. 1 ~lll711o" 0030532 • o $~CTIQN 2. The City Council hereby acopts the follawi~g procooure foe the consideration and determination of applications for disability retirement of City employees who ar~ local safety members of pgRS: 1. Follovinq the filing of an application for disability retirement of a ci ty employee who is a local safety member of PERS '''member'''}. the Board of Administration of the Public Employees Retirement System (~Board") will request the City to determine whether the member is incapacitated for the performa.nce of duty. Upon receiving the BaarG's request. the City shall make an initial deter.mination, upon rnedic~l and other available information offered by either the ~er Dr the City. to determine whether the member is incapacitated for the perfor.mance of duty and whs:ther such incapacity is t:,e result of an industrial disability. Unless waived in writing by the member, the City shall make its determination within six months of the date of receiv~ng the Board's request~ The initial determination shall be made by the Director of Human Resources or other such person as the City Manager shall deBignate~ a. If the Ci ty determines that the member is incapacitated for the performance of duty, and that the incapacity is as the result of an industrial dise.bility. or if the incapacity is not the result of an indue trial diSability, if the mewber has five or more years of service, the Dire·:c:or of Human Resources shall certify its determination [:0 PERS on a form prescribed by PBRS~ A member with less than five years of service whose diSability is not industrial is not eligible for disability retirement. b~ If the City and tl".e member are not in agreement as to whether the diSability is industrial, either the member or the City may petition the NCAB to request a findingt3 of fact deter.mination of whether or not the disability is industrial. If the WC"AB determine::! that the disability is indu8tr-ial, the City shall cer.tify to PERS that the member is incapacitated for the performance of duty. 2~ The City shall no~ify the member by certified mail (return ,eceipt requested) or by personal service of its intent to certify to PBRS its determination as to whether the member is incapacitated for the performance of rluty. The City shall also advise the m~mber that he or she has thirty calendar days within which to appeal the City' B determ.ination, in accordance 'With Government Code section 21025. 3. The member ma.y appeal e-he City'S determinati.:m by so advising the Director of Human Resources, or such other person as the City Manager may designate I in writing on or before the date speCifiEd in the City's letter of deterrr.ination. 4. If the me."Tl1:Ier files an appeal, the City shall cause a hearing to be conducLed by an administrative law judge Qf the Office of Administrative Hearings, pursuant to the Administrative 2 92111') W: ClIl10532 . ..-: : " " , ~" --}---~~.~ 1j1iiil ........ ;.;.".;.::'_~'_~"_-'-;1r?~·:_~: ';:~ _,' -~-#~ o P~-ocE"dures Act (Chapter 5, commencing with section 11500, of Part 1 of Division 3 of Title 2 of th~ Government Code, as may from time to time be amended). The hearing shall be conducted by t[1.e adrr~nistrative law judge acting as ~he presiding officer~ before the City Man~ger or his Qr her designated fact finder. who shall not be the person who made the initial determination on behalf of the City~ Following the hearing. the City Manager or his or her designated fact finder shall make a decision and findings of fact regarding the issue of whether the member ie incapacitated for the performance of duty_The City shall serve the decision and findings on the member by certified mail, and advise the member that he or she: has thirty calandar days within which to seek judicia.l review of the City's decision. The City shall also certify its determination to PBRS. SECTION 3. Resolution No. 4857, adopted D-ecernber 271 1973, is hereby rescinded. INTRODUCED AND PASSED, AYES, NOES, ABSTENTIONS: City Clerk Ma}·or APPROVE) AS TO FORM: Ci ty ~...anager Senior Asst. City Attcrnl!!Y Di rect or ···of Finance 3 9211 11 IK 0l.:I30332