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HomeMy WebLinkAbout75-011 2 3' 4 5 6 7� 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKTAH DELEGATING AUTHORITY TO DETERMINE DISABILITY FOR RETIREMENT PURPOSES TO THE CITY MANAGER Whereas, the City of Ukiah is a contracting agency bf the Public Employees' Retirement System; and Whereas, the Public Employees' Retirement Law now requires, among other things, that the contracting agency determine whether its employees classi- fied as local safety members are disabled, and if so, whether such disability is industrially caused, the effective date of the retirement therefor, and, further, whether a local safety member retired for disability may be rein- stated to employment;- and Whereas, the Council of the City of Ukiah has received legal advance that the authority to make such determinations may be delegated to the City Manager, Now, Therefore, the Council of the City of Ukiah does RESOLVE as follows: SECTION.1. The Council hereby delegates to the City Manager of the City of Ukiah the authority to make any and all determinations under Section 21023.6 of the Government Code of the State of California, as the same may be amended from time to time, or successor legislation, on behalf of the City of Ukiah, and to certify such determinations and all other necessary in- formation to the Public Employees' Retirement System. SECTION 2. The City Manager of the City of Ukiah is hereby delegated the authority to make applications for disability retirement to the Public Employees' Retirement System and to do all other actions or things with regard to disability retirement and reinstatemeht of local safety members under the Public Employees' Retirement Law. PASSED AND ADOPTED this 17th day of July 1974. ATTEST: Mayor r City Clerk RESOLUTION OF THE CITY MANAGER OF THE CITY OF UKIAH DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT OF DARREN WOJCIESZAK, POLICE SERGEANT Pursuant to authority delegated to me by action of the City Council of the City of Ukiah (hereinafter referred to as Agency) dated July 17, 1974, under Section 21173, Government Code, and after review of medical and other evidence relevant thereto, I hereby determine that DARREN WOJCIESZAK, a local safety member of the Public Employees' Retirement System, employed by the Agency, is incapacitated within the meaning of the Public Employees' Retirement Law for performance of his duties in the position of POLICE SERGEANT. Pursuant to such authority, I also determine that such incapacity is a result of injury or disease arising out of and in the course of his employment as a local safety member. I certify that neither the Agency nor the member has filed a petition for determination under Government Code Section 21166, to be made by the Workers' Compensation Appeals Board. I hereby certify that the member will be separated from his employment in the position of POLICE SERGEANT after expiration of his leave rights under Section 21164, Government Code, effective February 25, 2017, and that no dispute as to the expiration of such leave rights is pending. His last day on pay status was February 25, 2017. There is not a possibility of third party liability. Advanced Disability Pension Payments will be made. The payments will be made bi-weekly in the amount of $1,763.87 beginning February 26, 2017. The primary disabling condition is aortic in nature. The member is competent to act on his own behalf in legally binding retirement matters. SaSangi omo, City Manager City of Uki h ATTEST: Kristine Lawler, City Clerk IPER/RESMiller 12-2014