Report Prepared by: Roxanne Rodrigues, Risk Analyst, Human Resources Insurance Division
Title
SUBJECT: Adoption of a Resolution Delegating Authority to the City Manager to Make Industrial Disability Determinations Pursuant to the Public Employees Retirement System Including but not Limited to, Government Code Sections 21152(c) and 21173
REPORT IN BRIEF
The City of Merced has a need to submit an application of disability retirement to CalPERS. Upon notice of acceptance of application, CalPERS requires the adoption of resolution designating the signing authority when submitting Industrial Disability applications.
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2021-21, a Resolution of the City Council of the City of Merced, California, delegating authority to the City Manager to make Industrial Disability determinations pursuant to the Public Employees Retirement System including, but not limited to, Government Code Sections 21152(c) and 21173.
Body
ALTERNATIVES
1. Adopt the resolution; or
2. Modify the resolution; or
3. Direct further staff work to modify; or,
4. Deny the action.
AUTHORITY
Government Code Sections 21152(c) and 21173
CITY COUNCIL PRIORITIES
As provided for in the 2020-21 Adopted Budget
DISCUSSION
From time to time the City of Merced has employees with an industrial injuries or illnesses who have exhausted all paid leave entitlements and who by the nature of the injury or illness are not able to return to their position or another alternate position with or without accommodation.
When this occurs, if the employee has not yet applied for disability retirement with CalPERS, the City under Government Code 21153 must submit an application to CalPERS on the employee’s behalf for disability retirement.
The Public Employees' Retirement Law ("PERL") requires that a contracting local government agency determine (a) whether an employee of such agency in which he/she is classified as a "local safety member" is disabled for purposes of the Public Employees' Retirement Law and (b) whether such disability is "industrial" within the meaning of the PERL. Upon review of the initial application, CalPERS will notify the City if the member is eligible to apply for disability retirement and if so, will request the City’s governing body make the determination of disability.
The City Council may delegate the responsibility and authority under section 21173 of the Government Code to a body or officer of the City. Staff requests consideration of a Resolution designating the authority and updating the process, and procedures in the determination of disability retirements for safety employees.
Staff recommends approval of the resolution and designation and delegation of authority to the City Manager or his/her designee to make applications on behalf of the City of Merced for disability retirement on behalf of eligible employees and to initiate requests for reinstatement of such employees who have previously been retired for disability.
CalPERS requires prior to any such determination, that a certified copy of a resolution designating and delegating authority for industrial disability determinations and amendments to process be placed on file with the California Public Employees’ Retirement System.
Merced City Council Consideration
At the February 16, 2021 meeting a member of staff at the City of Merced received an employer driven Industrial Disability Retirement application. Authorization to sign the Industrial Disability Retirement application authority is required.
IMPACT ON CITY RESOURCES
There is no fiscal impact to approving this Resolution.
ATTACHMENTS
1. Draft Resolution