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HomeMy WebLinkAbout03 INDUSTRIAL DISABILITY RETIREMENT-LILLIAN CHAMP___, ,r l,. :~ AGENDA REPORT Agenda Item 3 Reviewed: City Manager ~~ Finance Director N/A MEETING DATE: MAY 3, 2011 TO: WILLIAM A. HUSTON, INTERIM CITY MANAGER FROM: KRISTI RECCHIA, DIRECTOR OF HUMAN RESOURCES SUBJECT: FINDING AND DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT OF LILLIAN CHAMP RECOMMENDATION: Adopt Resolution No. 11-34 finding that Police Officer Lillian Champ is industrially disabled from performing the duties of her position. FISCAL IMPACT: None. BACKGROUND AND DISCUSSION: Police Officer Lillian Champ sustained an injury to her back as a result of wearing a duty belt over the course of her 14 year career as a City of Tustin Police Officer. Low back injuries are presumed work-related under California workers' compensation law for Police Officers. She attempted to return to light duty assignments on two occasions, but was unable to continue due to escalating symptoms. She has been completely off work since June 12, 2010. Lillian's treating doctor has indicated she will have the following permanent work restrictions: no heavy lifting, no repetitive lifting more than 10 pounds, no repetitive bending, and no contact with suspects. These work restrictions disable her 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. Lillian Champ has been employed by the City of Tustin for over 14 years as a Police Officer. An application for retirement is being submitted pending your finding that she is industrially disabled. Upon City Council adoption of the attached resolution staff will send the resolution to CaIPERS to certify her industrial disability retirement. 1 l,~ ~ ~ ~ n i ~ ~ ~ 4 Vet Kristi Recchia Director of Human Resources Attachment: Resolution 11-34 Resolution No. 11-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA FINDING THAT LILLIAN CHAMP, A LOCAL SAFETY MEMBER, IS INDUSTRIALLY DISABLED FROM HER DUTIES AS A POLICE OFFICER. WHEREAS, the City of Tustin (hereinafter referred to as Agency) is a contracting agency of the Public Employee's Retirement System; WHEREAS, the Public Employee's 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 Employee's Retirement Law and whether such disability is "industrial" within the meaning of such law; WHEREAS, an application for industrial disability of Lillian Champ employed by the Agency in the position of Police Officer has been filed with the Public Employee's 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 Lillian Champ is incapacitated within the meaning of the Public Employee's Retirement Law for performance of her 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 Lillian Champ nor the Agency has applied to the Worker's 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 her employment in the position of Police Officer after expiration of her rights under Section 21164, Government Code, effective April 26, 2011 and that no dispute as to the expiration of such leave rights is pending. Her last day on pay status is Apri126, 2011. There is not a possibility of third party liability. Advanced disability pension payments will be made. The primary disabling condition is orthopedic. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin on the 3rd day of May, 2011. JERRY AMANTE, MAYOR ATTEST: PAMELA STOKER CITY CLERK