HomeMy WebLinkAbout05 ARRANTS RETIREMNT 02-16-99i,.. G EN DA i
DATE: FEBRUARY 9, 1999
NO. 5
2-16-99
TO'
FROM'
SUBJECT:
WILLIAM A. HUSTON
PERSONNEL SERVICES
DISABILITY RETIREMENT OF KEITH ARRANTS
II
SUMMARY: Approve Resolution No. 99-17 finding and determining the industrial Jl
disability of Keith Arrants for an effective retirement date of February 1, 1999.
II
RECOMMENDATION:
That the City Council approve the industrial disability retirement as reviewed and_
approved by the Retirement Review Board.
FISCAL IMPACT:
There is a long-term fiscal impact to the City since Mr. Arrants has only been with the
City for fourteen years and his retirement is most likely not fully funded. The City will
advance Mr. Arrants disability benefits in the amount of $1,019.50 every two weeks
until he is placed on the retirement roll. All amounts paid to him during this period will
be reimbursed to the City by the Public Employees Retirement System (PERS). If it
takes PERS six months to process Mr. Arrants' retirement, the city will spend
approximately $13,000, before the reimbursement is issued.
BACKGROUND'
Mr. Arrants was found unable to perform the full functions of his job as police officer
by his doctor and the City's doctor for workers compensation due to his limited use of
his right upper extremeties. Since there is no permanent light duty available, the City is
obligated to retire him from duty.
Bettie Correa
Senior personnel Analyst
S:Correa\CouncilRptsV~rrantsRpt.doc
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RESOLUTION NO. 99-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, FINDING AND DETERMINING
THE INDUSTRIAL DISABILITY OF KEITH ARRANTS
The City Council of the City of Tustin hereby resolves as follows:
WHEREAS, the City of Tustin 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 who is in a
position of 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;
WHEREAS, an application for disability retirement of Keith Arrants,
employed by the City of Tustin in the position of police officer has been filed by
the City with the Public Employees' Retirement System as authorized by
Resolution No. 97-32; 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 Keith Arrants to be disabled from performing the duties of
Police Officer;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the
City of Tustin, California, does hereby find and determine effective as of February
1, 1999, that Keith Arrants 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;
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 PERS retirement purposes,
the member is separated from his employment in the position of Police Officer
effective February 1, 1999 per the finding of the agreed medical examiner of a
permanent and stationary status.
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There is not a possibility of third party liability.
Advanced disability pension payments will be made every other week in the
amount of $1,019.50, beginning February 1, 1999.
The primary disabling condition is limited use of right upper extremity..
Mr. Arrants shall be notified 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. The notice shall be sent by certified mail, return receipt requested,
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.
PASSED AND ADOPTED by the City Council of the City of Tustin at a
regular meeting held on the 16th day of February, 1999.
Thomas R. Saltarelli, Mayor
Pam Stoker, City Clerk
$:BMC~WorkersComl~ArrantsDisRes.doc