SR-602-001 (3)
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city council Meeting 1-12-88
JAN 1 2 1988
Santa Monica, California
STAFF REPORT
TO: Mayor and City council
FROM: Robert M. Myers, city Attorney
SUBJECT: Resolution Authorizing city Manager to
Determine Safety Officers' Eligibility for
State Disability Retirement
The California Government Code Section 21023(c) specifies
that application to the Public Employee Retirement Board for
retirement of a member (City employee) may be made by the
governing body or an official designated by the governing body.
In August 1967, the city Council passed a resolution authorizing
the City Manager to file applications, on behalf of all city
employees. A copy of this Resolution has been attached to every
disability retirement application submitted to PERS for the past
twenty years. However, in November 1987, PERS advised the City
that they now require a separate resolution for safety members
(Fire and Police) .
There are currently two safety employee disabil i ty
retirement applications pending which PERS has refused to process
without a separate resolution for safety members.
Resolution meets PERS requirements.
The attached
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JAN 1 2 1968
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RECOMMENDATION
It is respectfully recommended that the accompanying
Resolution be adopted.
Prepared By: Robert M. Myers, city Attorney
Lyn Beckett Cacciatore, Deputy City Attorney
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CA:RMM:lbcr23
City Council Meeting 1-12-88
Santa Monica, California
RESOLUTION 7535 (CCS)
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA AUTHORIZING THE CITY MANAGER
TO DETERMINE SAFETY OFFICERS' ELIGIBILITY
FOR DISABILITY RETIREMENT
WHEREAS,
California
Government Code section
21025,
authorizes the governing body of a contracting agency to
determine if a safety member is incapacitated physically or
mentally for the performance of his duties in the state service
and is eligible to retire for disability;
WHEREAS,
California
Government
Code
Section
21023
authorizes officials designated by the governing body to apply
for disability retirement on behalf of an employee,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. That the City Manager of the city of Santa
Monica is hereby authorized to determine safety officers' (Police
and Fire) eligibility for state disability retirement. This
decision shall be based on medical examination and other
available information which show to the satisfaction of the city
Manager that the employee is or is not incapacitated physically
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or mentally for the performance of his or her duties in the state
service.
SECTION 2. That after such determination is made, the City
Manager of the City of Santa Monica is hereby authorized to file
such determination with PERS on behalf of the safety member.
SEC'I'ION 3. The City Clerk shall certify the adoption of
this Resolution and, thenceforth and thereafter the same shall be
in full force and effect.
APPROVED AS TO FORM:
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ROBERT M. MYERS {)
city Attorney
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of January, 1988.
I hereby certify that foregoing Resolution No. 7535(CCS)
was duly adopted by the City the City of Santa Monica
at a meeting thereof held on January 12, 1988 by the following
council vote:
Ayes: Councilmembers: Finkel, Jennings, A. Katz, H.
Katz, Reed, Mayor Conn
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: Zane
ATTEST:
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city Clerk