HomeMy WebLinkAbout6564_CCv0001.pdf RESOLUTION NO. 6564
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS RELATING TO
THE APPROVAL OF DISABILTY RETIREMENT APPLICATIONS AND RESCINDING
RESOLUTION NO. 6437
WHEREAS, the City of Redlands is a contracting, agency of the Public Employees'
Retirement System; and
WHEREAS, the Public Employees' Retirement Law requires that a contracting agency
determine whether an employee of such agency, classified as a local safety member, is disabled
for purposes of the Public Employees' Retirement Lav,, and whether such disability is
"industrial"within the meaning of such law; and
WHEREAS, pursuant to Government Code Section 21173, the City Council of the City
of Redlands ("this City Council") previously delegated the authority to make determinations of
disability retirements to the City Manager; and
WHEREAS, this City Council has now deten-nined that it is in the best interest of the
City to rescind such delegated authority and instead vest the City Council with the authority to
make determinations of disability retirements, based upon the recommendation of the City's
Administrative Services Director or the City Manager's designee, with the review and approval
of the City Manager, City Attorney and, if appropriate, the City's Workers' Compensation
Counsel, as more particularly described in the procedures attached hereto as Exhibit"A;"
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redlands as
follows:
Section 1. From and after the effective date of this Resolution, the City Council of the
City of Redlands shall make determinations under Government Code Section 21152(c), on
behalf of the City, regarding,the disability of local safety members employees, and whether such
disability is industrial, and to certify such determinations and all other necessary information to
the Public Employees' Retirement System.
Section 2. This City Council shall also 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.
Section 3. This City Council hereby adopts the administration procedures for processing
disability retirement applications as set forth in Exhibit "A," which Is attached hereto and
incorporated herein by this reference.
Section 4. The City Clerk of the City is hereby directed to forward a certified copy of
this resolution to the Public Employee's Retirement System,
111WIRFS016564
ADOPTED, SIGNED AND APPROVED this 16th day of January, 2007.
M or w
ATTEST: s
City Clerk
I, Lorrie Poyzer, City Clerk of the City of Redlands, hereby certify that the foregoing Resolution
was duly adopted by the City Council at a regular meeting thereof, held on the 16`" day of
January, 2007,by the following vote:
AYES: Councilmembers Gilbreath, Gallagher, Aguilar, Mayor Harrison
NOES: None
ABSTAIN: None
ABSENT: Councilmember Gil
Lorne Poyzer, Ci y,/( 14k
DJ1WRFS0,6564
EXHIBIT "A"
CITY OF REDLANDS
DISABILITY RETIREMENT PROCEDURES
FOR SAFETY MEMBERS
1. Introduction
Under California State Law (Government Code section 21150 et seq.), it is the
responsibility of the City to make determinations relating to disability retirement
applications for its employees who are safety members of the Public Employees'
Retirement System("PERS"). The following procedures are hereby established by the
City for processing disability retirement applications pursuant to the City Council's
Resolution No. 6564.
EMPLOYEE INITIATED DISABILITY RETIREMENT
2. Filing of Application for Disability Retirement by Employee
A. Pursuant to Government Code section 21152(d), an employee may file an
application for disability retirement with PERS on his or her own behalf. An
employee intending to initiate application for a disability retirement shall contact
the City's Administrative Services Department,or the City Manager's designee,
to secure the appropriate documents for an application for disability retirement.
(1) The PERS Application for Retirement form shall be completed by the
employee, the employee shall send the original to PERS, at PERS'
indicated address in Sacramento,and the employee shall file a copy ofthe
completed form with the Administrative Services Director or the City
Manager's designee.
(2) In addition, the employee shall also complete the Application for
Disability Retirement(Safety Officer)and file it with the Administrative
Services Director or the City Manager's designee.
B. Both of these forms must be fully completed and signed by the employee and
have attached any supporting documentation, including, but not limited to,
medical reports, in order for action to be taken by the City.
3. Acknowledgment of Application by theCity
Within fifteen(15)business days of receipt by the Administrative Services Director, or
the City Manager's designee, of an employee-initiated and duty completed application
for disability retirement,together with supporting documentation,a notice shall be sent
DYM\Misc`Disabilitv Retirement 1
by the City to the employee and the representative designated in his/her application (if
any) acknowledging receipt of the application, and transmitting to the employee, or
his/her representative, a copy of these procedures.
4. Review of Application and Supporting Documentation and recommendation as to
Whether the Employee Should be Retired for Disability or an Investigation Should be
Commenced
After receiving the documentation described in Section 2 above, the Administrative
Services Director, or the City Manager's designee, shall distribute copies of the
documentation to the City Manager, the City Attorney, special workers' compensation
counsel for the City(if a workers' compensation claim has been filed)and the Fire Chief
or Chief of Police, as appropriate. The Administrative Services Director, or the City
Manager's designee, shall then commence review of the documentation. Within thirty
(30)business days ofreceipt ofthe documentation,the Administrative Services Director,
or the City Manager's designee, after consultation with the City Manager, the City
Attorney and special workers' compensation counsel (if applicable), shall determine
whether a staff recommendation should be made to the City Council to certify to PERS
that the employee be retired for disability, or whether further information is necessary
for City staff to make such a recommendation. If further information is determined
necessary,the Administrative Services Director, or the City Manager's designee, shall
commence an investigation to gather such additional information(See Section 5,below).
If no further information is necessary,the Administrative Services Director,or the City
Manager's designee,shall submit to the City Manager a draft written report setting forth
the facts and circumstances forming the basis for the City staff's recommendation to the
City Council. The Administrative Services Director, or the City Manager's designee,
shall also inform and consult with the Fire Chief and the Chief of Police,as appropriate,
at each stage of the disability retirement review and determination process. Upon the
City Manager's and City Attorney's approval of the staff report, a copy of such report
shall be provided to the employee. City staff shall then submit its report and the
employee's application for disability retirement to the City Council. The report shall
contain a summary statement of the limitations imposed upon the employee which relate
to the application for a disability retirement and reference to the date(s)of the applicable
medical report(s) and author(s). The Administrative Services Director, or the City
Manager's designee, shall retain in a permanent file the full medical report(s) from
which the summary is obtained. The City Council shall then consider the City staff
report and the employee's application for disability retirement at a regularly scheduled
or special meeting.
5. Investigation and Proposed Disposition
A. In the event that City staff determines that further information is necessary for
City staff to make a recommendation on an application for disability,retirement,
the Administrative Services Director, or the City Manager*s designee, and such
WNI'Misc"Disabilitv Retirement
other employees and/or agents of the City as determined appropriate, shall have
the authority and duty to investigate the facts and circumstances pertaining to the
employee's application for disability retirement. Such fact-finding may include
seeking additional medical support from the employee,ordering the employee to
submit to medical and/or psychiatric examinations, and seeking any relevant
information from supervisory employees with knowledge of any limitations upon
the employee.
B. Following the investigation, the Administrative Services Director, or the City
Manager's designee, shall thereafter submit to the City Manager a draft written
report setting forth the basis for City staff's recommendation to the City Council.
The Administrative Services Director,or the City Manager's designee,shall also
inform the Fire Chief or Chief of Police, as appropriate of City staff s
recommendation. Upon the City Manager's and the City Attorney's approval of
the staff report, a copy of such report shall be provided to the employee and
provided to the City Council. The report shall contain a summary statement of
the limitations imposed upon the employee which relate to the application for a
disability retirement and reference to the date(s) of the applicable medical
report(s) and author(s). The Administrative Services Director, or the City
Manager's designee, shall retain in a permanent file the full medical reports)
from which the summary is obtained. The City Council shall then consider the
City staff report and the employee's application for disability retirement at
regularly scheduled or special meeting.
6. City Council Determination.
Following the City Council's action on the application for disability retirement, the
Administrative Services Director , or the City Manager's designee, shall send a notice
of such disposition to the employee or retiree with copies to his/her designated
representative, if any. This notice shall indicate the disposition of the application and
inform the employee that the City shall certify such disposition to PERS. The
Administrative Services Director,or the City Manager's designee,shall then forward the
City Council's resolution certifying the disposition to PERS. If the disposition is that
the City shall grant a disability retirement, after the employee has exhausted
accumulated sick leave,,the employee shall be removed from Labor Code section 4850
leave, and begin receiving advanced disability pension payments pursuant to Labor
Code section 4850.3, if appropriate.
CITY INITIATED DISABILITY RETIREMENT
7. Filing of Application for Disability Retirement by the City
A. Pursuant to Government Code section 21152(c),the governing body of the City,
or an official designated by the governing body,of a contracting agency may file
DJM\Misc\Disabi1ity Retirement 3
an application for disability retirement with PERS on behalf of one or more of
its employees. Prior to initiation of a disability retirement by the City, the
Administrative Services Director, or the City Manager's designee, shall inform
and consult with the City Manager and the Fire Chief or Chief of Police, as
appropriate. In the event the City Manager, City Attorney and special workers'
compensation counsel (if applicable) concur that a disability retirement for any
employee should be initiated, the Administrative Service Director, or the City
Manager's designee,shall prepare a City staff report,for the approval of the City
Manager, recommending that the City Council authorize City staff to initiate a
disability retirement. The report shall contain a summary statement of the
limitations imposed upon the employee which relate to the application for a
disability retirement and reference to the date(s) of the applicable medical
report(s) and author(s). The Administrative Services Director, or the City
Manager's designee, shall retain in a permanent file the full medical report(s)
from which the summary is obtained. The City Council shall consider the City
staff's report at a regularly scheduled or special meeting.
B. If the City Council authorizes staff to file an application for a disability
retirement, the PERS Application for Retirement form shall then be completed
by the City on behalf of an employee for whom the City is initiating a disability
retirement. The original of the application shall be filed with PERS at PERS'
indicated address in Sacramento, and a file copy will be kept with the
Administrative Services Director or the City Manager's designee.
8. Notification to the Employee of City-initiated Application for Disability Retirement
Simultaneously with the filing of a City-initiated application with PERS for disability
retirement on behalf of an employee,notice of such application shall be served upon the
employee, together with a copy of these procedures, setting forth the employee's
remedies should he/she object to the City's determination.This notice shall indicate that
unless a statement of objection is filed with the office of the City Manager by the
applicant prior to the expiration of seven (7) business days from the date of service of
the notice,the preliminary determination shall become final and binding.
A. If an objection is filed within (7) business days. the City's Finance Director, or
designee, who is not personally involved in the employee's retirement, shall
immediately schedule a meeting with the employee wherein the employee shall
be given the opportunity to explain why the City's proposed disposition is
erroneous. This meeting shall be a pre-deprivation meeting(the mandating of the
retirement benefit and consequent removal from employment). The meeting
shall be conducted pursuant to the directives of Skelly v. State Personnel Board
and therefore shall not be a trial-type evidentiary hearing.
DJM\Misc\Disabilit� Retirement 4
9. Final Disposition of Application or Recommendation Following the Pre-Deprivation
Meeting Described in Section 8(A) or in Absence of Objection
Following the Pre-Deprivation meeting described in Section 8(A), or if no objection is
received within the seven(7)business day period,the Administrative Services Director,
or the City Manager's designee, shall forward the City Council's resolution certifying
the City's determination to effect a disability retirement to PERS. After the employee
has exhausted accumulated sick leave,the employee shall be removed from Labor Code
section 4850 leave,and begin receiving advanced disability pension payments pursuant
to Labor Code section 4850.3 until the retirement is finalized by PERS, if appropriate.
10. Note: Timelines and Appeal
A. The City shall make reasonable effort to comply with the timelines and
procedures contained in this document. However, failure to adhere to the
timelines or procedures contained in this document shall not invalidate any
determination. Upon application for a disability retirement,the City shall make
a determination whether to grant or deny the application within six(6) months
as required by PERS.
B. If an employee disagrees or is otherwise dissatisfied with the determination made
by the City, the employee may appeal the determination. The employee may
appeal the determination by filing a written appeal with the Administrative
Services Director, or the City Manager's designee,within thirty(30)days of the
date of the determination. The appeal shall be conducted in accordance with
Government Code section 11500, et seq.
DMIM ise'Disability Retirement 5