HomeMy WebLinkAbout12 DISABILITY MIRARCHI 03-05-01AGENDA R ,PORT
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MEETING DATE:
MARCH 5, 2001
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"' .--/',~ .'"'? No. 12
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/,"¢¢'"' .:i~"' 03-05-01
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TO:
WILLIAM A. HUSTON, CITY MANAGER
FROM'
ARLENE MARKS, DIRECTOR OF HUMAN RESOURCES
SUBJECT'
FINDING AND DETERMINING THE INDUSTRIAL DISABILITY OF JOHN
MIRARCHI AND AUTHORIZING DISABILITY RETIREMENT
RECOMMENDATION'
Approve Resolution No. 01-20 to grant John Mirarchi finding an industrial disability
retirement from his position of Police Officer effective March 5, 2001.
FISCAL IMPACT'
The City is required to advance Mr. Mirarchi his retirement allowance until such time as
PERS places him on its retirement roll. Thereafter, the Public Employees Retirement
System (PERS) will reimburse the City the amount advanced. Since it can take as long
as six months before this occurs, the City could advance Mr. Mirarchi approximately
$14,000. Mr. Mirarchi has been with the City for almost 10 years, but his retirement is
not fully funded. Because of this under-funding, there will be some additional cost to the
City over the next 20 years. The long-term fiscal impact is difficult to determine
because the cost of the retirement plan to the City is based on a variety of actuarial
factors that can change.
BACKGROUND AND DISCUSSION'
Mr. Mirarchi has been absent from work due to this disability since April 20, 2000; this
claim was accepted as industrial in July 2000. Since he is now permanent and
stationary and considered to be permanently disabled so that he can no longer perform
the duties of a Police Officer. The City's internal Retirement Review Board has
recommended that the City grant Mr. Mirarchi a disability retirement. Upon Council
adoption of the attached Resolution, staff will send the Resolution to PERS to certify his
industrial disability making him eligible for retirement benefits.
Arlene Marks, SPHR
Director of Human Resources
Attachment
S:\City Council Agenda Items\MirarchiRetireRpt.doc
RESOLUTION NO. 01-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
FINDING AND DETERMINING THE INDUSTRIAL DISABILITY OF JOHN MIRARCHI
The City Council of the City of Tustin hereby resolves as follows'
WHEREAS, the City of Tustin is a contracting agency of the Public Employee'
Retirement System; and
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WHEREAS, the Public Employees' Retirement Law requires that a contracting
agency determine whether an employee of such agency who is in a position of
employment in which he/she is classified as a local safety member is disabled for
~4 purposes of the Public Employee' Retirement Law and whether such disability is
~ "industrial" within the meaning of such law; and
WHEREAS, the Retirement Review Board of the City of Tustin, California, has
reviewed the medical and other evidence relevant to such alleged disability and found
John Mirarchi to be disabled from performing the duties of Police Officer; and
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WHEREAS, the City may apply to the Public Employees' Retirement Board for
2_~ the disability retirement of a member pursuant to Resolution No. 97-32;
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24 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
:~ Tustin, California, does hereby find and determine effective as of March 5, 2001, that
_~ John Mirarchi is disabled within the meaning of Government Code Section 21156, from
performing the duties of Police Officer and that such disability is a result of injury or
disease arising out of and in the course of said employment and;
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S:\City Council Agenda ltems\MIRARCHI RESO.DOC
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BE IT FURTHER RESOLVED, that a petition will be filed with the Workers'
Compensation Appeals Board for determination pursuant to Section 21026 Government
Code; and a copy of such determination will be provided when rendered;
AND BE IT FURTHER RESOLVED, that for Public Employees' Retirement
purposes, the member is separated from his employment in the position of Police
Officer effective March 5, 2001 per the finding of the agreed medical examiner of a
permanent and stationary status.
There is not a possi'bility of third party liability.
Advanced disability pension payments will be made every other week in the
approximate amount of $1,133.02 beginning March 5, 2001.
Mr. Mirarchi shall be notified (by certified mail, return receipt requested) of this
decision and of his right to request an appeal hearing within thirty (30) days of the date
of mailing the notice of this decision.
Should Mr. Mirarchi appeal, the appeal hearing shall be conducted by an
administrative law judge who shall have the power to issue findings and a
recommendation, subject to the City Council's right to concur or disagree with the
judge's recommendation in making its final decision on the matter.
S:\City Council Agenda Items~MIRARCH! RESO.DOC
PASSED AND' ADOPTED by the City Council of the City of Tustin at a regular
meeting held on the 5t" day of March, 2001.
TRACY WILLS WORLEY, MAYOR
ATTEST:
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CITY CLERK
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