03.19 Industrial Disability Retirement DeterminationsAGENDA. ITEM
October 9, 2018 771
TO: Honorable Mayor and
Members of the City Council
THRU: Rick Otto
City Manager
FROM: William M. Kolbowll .
Administrative Services Director
tor
1. SUBJECT
City Manager
Finance Directo
To Be Presented By:
X Cons Calendar
City Mgr Rpts
Council Reports _
Legal Affairs
Boards/Cmtes _
Public Hrgs
Admin Reports
Plan/Environ
Resolution No. 11111 — A Resolution of the City Council of the City of Orange Delegating
Authority to the City Manager to Apply for and Make Industrial Disability Retirement
Determinations
2. SUMMARY
Currently, Resolution 5700 delegates authority to the City Manager to act on requests for
disability retirements. State legislation recently adopted requires the repeal of Resolution 5700
and the adoption of a new Resolution. Proposed Resolution No. 11111 delegates authority to the
City Manager, or his designee, to act on behalf of the City with regard to disability retirements in
accordance with currently applicable California Government Code provisions.
3. RECOMMENDED ACTION
Approve Resolution No. 11111.
4. FISCAL IMPACT
There is no additional fiscal impact to the budget for adopting this Resolution.
5. STRATEGIC PLAN GOAL(S)
1. Provide for a safe community.
a. Provide staffing and resources to deliver services that ensure public safety.
2. Be a fiscally healthy community.
a. Expend fiscal resources responsibly.
ITEM 3• (61 1 10/09/18
6. DISCUSSION and BACKGROUND
The Public Employees' Retirement Law requires local agencies to make determinations
regarding industrial disability retirements on behalf of their safety members and allows local
agencies to delegate authority to make such determinations to the incumbent in a designated
position, usually the City Manager, under Section 21173 of the Government Code. The City of
Orange adopted its delegation of authority to the City Manager in 1982 with Resolution 5700.
State legislation recently adopted requires the repeal of Resolution 5700 and the adoption of this
new Resolution 11111. The California Public Employees' Retirement System (Ca1PERS)
recommends having an updated resolution referencing the currently applicable Government Code
sections 21152 (c) and 21173. Resolution 11111 references these applicable sections and satisfies
Ca1PERS' requirements.
Resolution 11111 does not grant any additional authority to the City Manager that was not
previously authorized by Resolution 5700; it simply references the applicable legislative sections.
7. ATTACHMENTS
• Resolution No. 11111
• Resolution No. 5700
ITEM 2 10/09/18
RESOLUTION NO.11111
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ORANGE DELEGATING
AUTHORITY TO THE CITY MANAGER TO
APPLY FOR AND MAKE INDUSTRIAL
DISABILITY RETIREMENT DETERMINATIONS
WHEREAS, the City of Orange (hereinafter referred to as Agency) is a contracting
agency of the California Public Employees' Retirement System; 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 the purposes of the Public Employees' Retirement Law and
such disability is "industrial" within the meaning of such Law; and
WHEREAS, Resolution 5700, providing delegation of authority to apply for and make
determinations for disability retirements for local safety members under the Public Employees'
Retirement System, was adopted by the City Council of the City of Orange on June 15, 1982; and
WHEREAS, state legislation recently adopted requires the repeal of Resolution 5700 and
the adoption of this new Resolution 11111; and
WHEREAS, the City Council of the City of Orange has determined upon legal advice
that it may delegate authority under Government Code section 21173 to make such
determinations to the incumbent of the office/position of the City Manager, or his designated
representative.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange
delegate and it does hereby delegate applications on behalf of the Agency pursuant to
Government Code section 21152 (c) for disability retirement of all employees and to intitiate
requests for reinstatement of such employees who are retired for disability;
BE IT FURTHER RESOLVED that the City Council of the City of Orange delegate
and it does hereby delegate to the incumbent of the office/position of the City Manager, or his
designated representative, authority to make determinations of disability on behalf of the Agency
under Government Code section 21156 and whether such disability is industrial and to certify
such determinations and all other necessary information to the California Public Employees'
Retirement System.
ADOPTED this day of 2018
Teresa E. Smith, Mayor, City of Orange
ATTEST:
Mary E. Murphy, City Clerk, City of Orange
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify
that the foregoing Resolution was duly and regularly adopted by the City Council of the City of
Orange at a regular meeting thereof held on the day of , 2018 by
the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
Mary E. Murphy, City Clerk, City of Orange
Reso. No. 11111 2 WWW
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING RESOLUTION NO.
3916 AND DESIGNATING THE CITY MANAGER,
OR HIS DESIGNATED REPRESENTATIVE AS THE
CITY OFFICIAL TO MAKE DISABILITY DETER-
MINATION AND TO APPLY FOR DISABILITY
RETIREMENT.
WHEREAS, the City Council of the City of Orange, in
Resolution No. 3916, Designated the City Manager or his
designated representative as the City official to make
determinations concerning local safety members pursuant to
Government Code Section 21023.6; and
WHEREAS, Government Code Section 21023.6 has been
repealed; and
WHEREAS, the City of Orange (hereinafter referred to as
Agency) is a contracting agency of the Public Employees'
Retirement System; and
WHEREAS, the Public Employees' Retirement Law requires
that a contracting agency determine whether an employee of
such agency in employment in which he is 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; and
WHEREAS, the City Council had determined upon legal
advice that it may delegate authority to make such deter-
minations to the incumbent of the Office of the City Man-
ager, or his designated representative.
NOW, THEREFORE, BE IT RESOLVED that the City Council
hereby delegates to the incumbent of the Office of the City
Manager, or his designated representative, authority to make
determinations on behalf of the Agency, of disability and
whether such disability is industrial and to certify such
determinations and all other necessary information to the
Public Employees' Retirement System.
BE IT FURTHER RESOLVED that such incumbent be and he or
his representative is authorized to make applications on
behalf of the Agency for disability retirement of employees
in employments in which they are local safety members and
non -safety members and to initiate request for reinstatement
of such employees who are retired for disability.
ADOPTED this 15th
ATTEST:
%JLQ11yC CLL. a LCyU.LC11. 111CC1..Lily LLi=LCUL 11C1U U11 L11C 13Ln ucly UL
,,Tune , 1982, by the following vote:
AYES: COUNCILMEN: SMITH, BARRERA, MAYOR BEAM, PEREZ,
BEYER
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: NONE
City C ��—
erk bf th it of Orange