HomeMy WebLinkAboutCC RES 11-28RESOLUTION 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 19'" day of April, 2011.
ATTEST:
PA ELA 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:
Amante, Nielsen, Gomez, Murray (4)
None (0)
None (p)
Gavello (1)
PAMELA STOKER,
City Clerk
Resolution 11-28
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