HomeMy WebLinkAbout3100_CCv0001.pdf RESOLUTION NO, 3100
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS DSLE GATISIG
AUTHORITY TO MAKE CERTAIN DETERMINATIONS RELATING TO THE RETIREMENT
OF LOCAL SAFETY MEMBERS UNDER THE PUBLIC EMPLOYEES' RETIREMENT LAW,
WHERM, the City of Redlands is a contracting agency of the
Public EMP!Oyees ' Retirement Sy8temy and
WHEREAS, a contracting agency is required by Section 21023.6
of the California Government Code to determine whether its employees,
who are classified as to safety members , are disabled and whether
a di5ability is " industrial" for the purposes and within the purview
Of the Public Employees ' Retirement Law; and
WHEREAS , this Council finds and determines that it may delegate
its authority and discretion to execute its duties imposed under and
in pursuance of Section 21023 , 6 of the California Government Code!
NOW, THEREPORE, BE 1T RESOLVED by the City Council of the city
of Redlands that the duties and discretion imposed upon this Council,
as a contracting enc employ under the Public Eat ployees ' Retire-
ment Law, by Section 21023.6 of the California Government Code are
entrusted and delegated to the City Manager; provided, however, any
act under this delegacy shall be in execution and pursuance of the
provisions of S8ction 21023 . 6 and, iurther, shall be suhstantially
and reasonably supportable by the preponderance of relevant medical
and investigative evidence.
BE IT FURTHER RESOLVED that the City manager is specifically
authorized hereby to:
ii Make determinations of disability, and whether a
disabiiity is "industrial" , under Section 21023. 6, on behalf uf the
City of Redlands;
2. Make applications on behalf of the City of Redlands
for disability retirement of City employees classified as local safety
members and to initiate requests for reinstatement of the safety
member employees who are retired for disability: and
3 . Certify the d8ter _in ations, the applications and the
requests forreinstatement, together with all other necessary
information, to the Public Employees ' Retirement System.
ADOPTED, SIGNED AND APPROVED this 5th day of 197V
ATTEST.
B. Cummings, Mayq
APPROVED FOR-PORM,.-
City Att rN
ti
GOVERNMENT CGIDE SECTION 21023 .6
Notwithstanding any other provision of this part,
a local safety member shall be retired for dis-
ability only upon his employor 's determination
that he is incapacitated physically or mentally
for tho Performance of the duties of his position
and termination of his employment for that reason.
The employer or, on application of either the
employer or the member in the event of dispute,
the worlu-main ' s Compensation Appeals Board in accord-
ance with this articli shall determine whether
the disability is industrial. Notwithstanding
Section 21025 . 5, in the event of a dispute over
the efEective data of the disability retirement,
the retirement shall be effective on the date
the employee' s condition is permanent and stationary
as found by the Workman's Compensation ,Appeals
Board . Any local safety member retired for dis-
ability shall not be reinstated from retirement
except upon the determination of the employer from
whose employment he was retired that he is no
longer incapacitated for the duties of the position
held when retired.