HomeMy WebLinkAbout2015-100 - Regarding Disability Retirement and Reinstatement Determinations and Appeals for Local Safety Members under the Public Employees Retirement Law; Delegating Authority for Local Safety Members Disability Retirement and Reinstatement Determination RESOLUTION NO. 2015-100
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH REGARDING DISABILITY RETIREMENT AND REINSTATEMENT
DETERMINATIONS AND APPEALS FOR LOCAL SAFETY MEMBERS
UNDER THE PUBLIC EMPLOYEES RETIREMENT LAW; DELEGATING
AUTHORITY FOR LOCAL SAFETY MEMBER DISABILITY RETIREMENT
AND REINSTATEMENT DETERMINATIONS; AND RESCINDING
RESOLUTION NO. 2008-89
WHEREAS, the City of Newport Beach is a contracting agency of the Public
Employees Retirement System ("PERS"); and
WHEREAS, California Government Code Sections 21150, et seq. and 21190, et seq.
require that a contracting agency make determinations relating to disability retirement
applications for its local safety member employees, as well as reinstatement of such retirees;
and
WHEREAS, the Public Employee Retirement Law ("PERL") requires that a contracting
agency determine whether an employee of such agency in which he/she is classified as a
local safety member is disabled for the purposes of the PERIL and whether such disability is
industrial within the meaning of such law; and
WHEREAS, California Government Code Section 21173 allows the governing body of
a contracting agency to delegate any of its authority to make determination regarding
disability under the PERL.
NOW, THEREFORE, the City Council of the City of Newport Beach does RESOLVE
as follows:
SECTION 1. Pursuant to Government Code Section 21173, the City Council hereby
delegates to the City Manager the authority to act on behalf of the City of Newport Beach to
consult with medical and/or occupational experts, make determinations for disability
retirement of employees classified as local safety members, determine whether such
disability is industrial, initiate requests for reinstatement of local safety members previously
retired for disability, and to certify such determinations and all other necessary information to
PERS.
SECTION 2. In the event of a dispute regarding retirement or reinstatement of sworn
local safety member, where a determination of incapacity is necessary, the City is required by
California Government Code Sections 21156 and 11512, as well as the holdings in Usher v.
County of Monterey (1998) 65 Cal.AppAth 210 and Langan v. City of EI Monte (2000) 79
Cal.AppAth 608, to have the hearing conducted by an Administrative Law Judge ("ALJ") from
the Office of Administrative Hearings ("OAH") alone, who will then submit a proposed
decision to the Council upon which it may act. The appeal hearing is required to be
conducted consistent with the provisions of the Administrative Procedures Act ("APA"),
California Government Code Section 11500, et seq.
Resolution No. 2015-100
Page 2 of 2
SECTION 3. Appeals taken by employees of disability retirement determinations for
local safety members under the PERIL and for reinstatement of local safety members who are
retired on account of disability under the PERL shall be governed by the provisions of the
Administrative Procedures Act (California Government Code Section 11500, et seq.).
SECTION 4. Pursuant to California Government Code Section 11517, the City shall
retain the statutory right to review the proposed decision of the Administrative Law Judge
from the Office of Administrative Hearings and to adopt, modify or reject that proposed
decision. The City will follow and comply with all procedural requirements set forth in
California Government Code Section 11517.
SECTION 5. In the absence of judicial review that may be brought by the employee,
the City Manager's final decision shall be certified by the City to PERS in the manner and
within the time provided by law.
SECTION 6. To the extent the City Manager determines that a local safety member is
eligible for disability retirement, but is not eligible for industrial disability retirement, the
employee's appeal of the City Manager's decision that the disability retirement is not
industrial shall be conducted and heard by the Workers' Compensation Appeals Board
(WCAB).
SECTION 7. In the event that the City of Newport Beach has not yet rendered a
determination on whether a local safety employee is substantially incapacitated for the
performance of duty and the employee has yet to undergo an evaluation in accordance with
Government Code Section 21154, the City of Newport Beach may file an application for
disability retirement with PERS in order to obtain said evaluation for purposes of addressing
substantial incapacity. When the evaluation has been received by the City of Newport Beach,
the City of Newport Beach will endeavor to make a prompt determination on the application.
SECTION 8. Resolution No. 2008-89, adopted October 28, 2008, is hereby rescinded.
ADOPTED this 20i day of November, 2015.
rdwa,lD. Selich
Mayor
ATTEST:
Leifani I. Brown oRN,P
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing resolution, being Resolution
No. 2015-100 was duly and regularly introduced before and adopted by the City Council of said City at a
regular meeting of said Council, duly and regularly held on the 24th day of November, 2015, and that the
same was so passed and adopted by the following vote, to wit:
AYES: Council Member Peotter, Council Member Petros, Council Member Curry,
Council Member Duffield, Council Member Muldoon, Mayor Pro Tem Dixon,
Mayor Selich
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 24th day of November, 2015.
AMA-J;-
City
Clerk v
Newport Beach, California
(Seal)
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