HomeMy WebLinkAbout07 RETIRE B. MEDER 03-02-98DATE:
FEBRUARY 24, 1998
NO. 7
3-2-98
Inter-Com
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
PERSONNEL SERVICES
DISABILITY RETIREMENT OF BRYAN MEDER
SUMMARY: That the City Council Approve Resolution No. 98-12, finding and
determining the industrial,disability of Bryan Meder.
RECOMMENDATION'
That the City Council approve Resolution No. 98-12 adopting and certifying to the
Public Employees Retirement System the determination of the Retirement Review
Board that Bryan Meder is eligible for an industrial disability retirement.
FISCAL IMPACT:
The major impact will be on long term rates paid to the Public Employees Retirement
System since Mr. Meder's early retirement was unplanned and unfunded. Determining
long term costs is difficult, because there are too many unknown factors such as
longevity and other actuarial factors that determine retirement rates paid to PERS.
Immediate costs will be advancing disability retirement until PERS begins making
disability retirement payments to Mr.. Meder. If it takes six months for PERS to place
Mr. Meder on the retirement roll, the City will have spent $12,870 in advance
disability which will ultimately be repaid by the Public Employees Retirement System.
BACKGROUND'
Mr. Meder has been a police officer with the City of Tustin since March 24, 1982.
Through the Workers Compensation system, Mr. Meder was found disabled from disc
degenerative disease and annular tear by his primary treating physician. Since this
doctor also found him to be permanent and. stationary, he is being retired effective
March 1, 1998, and Will be advanced disability retirement payments by the City until
such time as the Public Employees Retirement System begins payment of his
retirement. When this occurs, the City will be reimbursed by PERS all amounts
'WILLIAM A. HUSTON
RE: BRYAN MEDER DISABILITY RETIREMENT
Page 2
advanced in disability retirement to Mr. Meder.
Mr. Meder was provided a copy of his doctor's permanent and stationary report of
January 23, 1998 by our worker's compensation administrator. Mr. Meder was also
notified of the meeting of the Retirement Review Board to consider his application for
a disability retirement and given an opportunity to present any written material that
he wanted the Retirement Review Board to consider. No material was submitted.
Bettie Correa
Senior Personnel Analyst
BMC6:MEDERRET.RPT
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RESOLUTION NO. 98-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, FINDING AND DETERMINING THE
INDUSTRIAL DISABILITY OF BRYAN MEDER
The City Council of the City of Tustin hereby resolve 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 Bryan Meder,
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 Bryan Meder 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 March
1, 1998, that Bryan Meder 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 March 1, 1998, 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 $990, beginning March 6, 1998.
The primary diSabling condition is disc degenerative disease and annular
tear.
Mr. Meder 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 2nd day of March, 1998.
Jeffery M. Thomas, Mayor
Para Stoker, City Clerk
STATE OF CALIFORNIA)
COUNTY'OF ORANGE ) SS
CITY OF TUSTIN )