HomeMy WebLinkAbout2022-025 - Disability and Industrial Disability Retirments for MiscellaneousRESOLUTION 2022-025
A RESOLUTION OF THE SANTA ANA CITY COUNCIL
AMENDING AND RESTATING RESOLUTION 92-061
PROVIDING FOR DELEGATION OF AUTHORITY TO
THE CITY MANAGER TO PERFORM NECESSARY
ACTIONS TO APPLY FOR DISABILITYAND INDUSTRIAL
DISABILITY RETIRMENTS FOR MISCELLANEOUS AND
LOCAL SAFETY MEMBERS PURSUANT TO
GOVERNMENT CODE SECTION 21173
WHEREAS, the City of Santa Ana is a contracting agency of the California Public
Employees' Retirement System ("CaIPERS"); and
WHEREAS, the Public Employees' Retirement Law requires that a contracting
agency determine whether an employee of such agency in employment in which he/she
is classified as a local safety member is disabled for purposes of the Public Employees'
Retirement Law and such disability is "industrial" within the meaning of such Law; and
WHEREAS, on December 17, 1985, the Santa Ana City Council approved
Resolution No. 85-157, delegating to the City Manager the authority or duty to make
CaIPERS disability retirement determinations and the right to appeal the City Manager's
determination to the City Council;
WHEREAS, on July 7, 1987, the Santa Ana City Council approved Resolution No.
87-56 amending Resolution No. 85-157 to provide that the appeal would be at no cost for
the City employee and repealing sections 3-6 of Resolution No. 85-157; and
WHEREAS, on June 15, 1992, the Santa Ana City Council approved Resolution
No. 92-061 delegating authority to the City Manager to make disability retirement
determinations and modifying the appeal procedures for local safety members of
CaIPERS to conform with changes in the law that required that any appeal hearing be
conducted by an administrative law judge; and
WHEREAS, the Santa Ana City Council has determined upon legal advice that it
may delegate authority under Government Code section 21173 to make determinations
whether an employee of the City of Santa Ana classified as a local safety member is
disabled for purposes of the Public Employees' Retirement Law and whether such
disability is "industrial" within the meaning of such Law to the City Manager; and
WHEREAS, the Santa Ana City Council has determined that it is necessary to
amend and restate Resolution No. 92-061 to summarize the delegation of authority to the
City Manager, which includes the authority to perform all necessary actions to effectuate
the full disability and industrial disability process for City employees that are
miscellaneous and local safety members of CaIPERS;
Resolution No. 2022-025
Page 1 of 3
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa
Ana, that:
Section 1. The Santa Ana City Council delegates to the City Manager the
authority to make application on behalf of the City of Santa Ana pursuant to Government
Code section 21152(c) for disability retirement of all employees and to initiate requests
for reinstatement of such employees who are retired for disability.
Section 2. The Santa Ana City Council delegates to the City Manager the
authority to make determinations of disability on behalf of the City of Santa Ana under
Government Code 21156 and whether such disability is industrial and to certify such
determinations and all other necessary information to CalPERS.
Section 3. A local safety member of CalPERS may appeal the determination by
the City Manager regarding whether the local safety member is or is not incapacitated for
purposes of eligibility to retire for disability. Appeal hearings shall be conducted by an
administrative law judge of the Office of Administrative Hearings pursuant to Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code.
Section 4. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of Council shall attest to and certify the vote adopting this
Resolution.
ADOPTED this 5lh day of April, 2022.
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
B
Y
Laura A. Rossini
Chief Assistant City Attorney
Resolution No. 2022-025
Page 2 of 3
AYES: Councilmembers Hernandez, Lopez, Mendoza, Penaloza,
Phan, Bacerra, Sarmiento (7)
NOES: Councilmembers None (0)
ABSTAIN: Councilmembers None
NOT PRESENT: Councilmembers None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2022 -025 to be the original resolution adopted by the City Council of the
City of Santa Ana on April 5, 2022.
Date: q - � 'Za''?�
Daisy Gomez
Clerk of the Council
City of Santa Ana
Resolution No. 2022-025
Page 3 of 3