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...
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