HomeMy WebLinkAbout04 INDUSTRIAL DISABILITY RETIREMENT-MICHAEL KIMAgenda Item 4
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AGENDA REPORT RCty Ma~ager
Finance Director N/A
MEETING DATE: APRIL 19, 2011
TO: WILLIAM A. HUSTON, INTERIM CITY MANAGER
FROM: KRISTI RECCHIA, DIRECTOR OF HUMAN RESOURCES
SUBJECT: FINDING AND DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT
OF MICHAEL KIM
RECOMMENDATION:
Adopt Resolution No. 11-28 finding that Police Officer Michael Kim is industrially disabled from
performing the duties of his position.
FISCAL IMPACT:
None.
BACKGROUND AND DISCUSSION:
Police Officer Michael Kim injured his back on the job on January 10, 2010 while attempting to
breach a metal security gate in order to gain access to a barricaded suspect. He returned to
modified duty from January 7, 2010 through February 22, 2010; and then returned to full duty
from March 3, 2010 through April 25, 2010, however his symptoms continued to escalate, and
he has now been completely off work since April 26, 2010. His condition was declared
permanent and stationary on March 16, 2011. His work restrictions preclude prolonged sitting,
lifting greater than 20 pounds and repetitive bending, squatting and twisting. These work
restrictions disable him from performing the full range of duties as a Police Officer. Staff agrees
with this finding.
As members of the California Public Employee's Retirement System, local safety employees
can be granted industrial disability retirements when the governing body of the agency adopts a
resolution finding and determining that the employee is industrially disabled from his/her
position.
Michael Kim has been employed by the City of Tustin for approximately 7.5 years as a Police
Officer. An application for retirement is being submitted pending your finding that he is
industrially disabled. Upon City Council adoption of the attached resolution staff will send the
resolution to CaIPERS to certify his industrial disability retirement.
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Kristi Recchia
Director of Human Resources
Attachment: Resolution 11-28
RESOLUTION NO. 11-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, FINDING THAT MICHAEL KIM, A
LOCAL SAFETY MEMBER, IS INDUSTRIALLY DISABLED
FROM HIS DUTIES AS A POLICE OFFICER
WHEREAS, the City of Tustin (hereinafter referred to as Agency) is a contracting
agency of the Public Employees' Retirement System;
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 whether such disability is "industrial" within the meaning of such
law;
WHEREAS, an application for industrial disability of Michael Kim employed by
the Agency in the position of Police Officer has been filed with the Public Employees'
Retirement System; and
WHEREAS, the City Council has reviewed the medical and other evidence
relevant to such alleged disability;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Tustin find and determine and it does hereby find and determine that Michael Kim is
incapacitated within the meaning of the Public Employees' Retirement Law for
performance of his duties in the position of Police Officer; and
BE IT FURTHER RESOLVED THAT THE City of Tustin find and determine and it
does hereby find and determine that such disability is a result of injury or disease arising
out of and in the course of employment. Neither said Michael Kim nor the Agency has
applied to the Workers' Compensation Appeals Board for a determination pursuant to
Section 21166 whether such disability is industrial.
BE IT FURTHER RESOLVED that the member will be separated from his
employment in the position of Police Officer after expiration of his rights under Section
21164, Government Code, effective April 17, 2011 and that no dispute as to the
expiration of such leave rights is pending. His last day on pay status is April 16, 2011.
There is not a possibility of third party liability.
Advanced disability pension payments will be made.
The primary disabling condition is orthopedic.
Resolution 11-28
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PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular
meeting on the 19t" day of April, 2011.
Jerry Amante,
Mayor
ATTEST:
Pamela Stoker,
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council
of the City of Tustin is five; that the above and foregoing Resolution No. 11-28 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 19t" day
of April, 2011, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER,
City Clerk
Resolution 11-28
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