HomeMy WebLinkAboutCC RES 13-95WHEREAS, the City Of Tustin (hereinafter referred to as Agency) is a contracting
agency of the California Public Employees' Retirement System (CaIPERS); and
WHEREAS, the California Public Employees' Retirement Law (PERL) 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 PERL and whether such disability is "industrial" within the meaning of
such law; and
WHEREAS, an application for the industrial disability of James Olds, employed
by the Agency in the position of Police Officer, has been filed with CaIPERS; and
WHEREAS, the City Council has reviewed the medical and other evidence
relevant to such alleged disability; and
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 James Olds is
incapacitated within the meaning of the PERL from the 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 James Olds nor the Agency has
applied to the Workers' Compensation Appeals Board for a determination pursuant to
Section 21166 whether such disability is industrial; and
BE IT FURTHER RESOLVED that the member will be separated from his
position of Police Officer after expiration of his rights under Section 21164, Government
Code, effective December 2, 2013 and that no dispute as to the expiration of such leave
rights is pending. His last day on paid status was December 1, 2013. There is not a
possibility of third party liability. Advanced disability payments will be made. The primary
disabling condition is cardiovascular.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the 17"' day of December 2013.
Resolution 13 -95
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DIA
ELWYN I MURRA Y,
Mayor
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Jeffrey C. Parker, 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. 13 -95 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 17"' day of
December 2013, by the following vote:
COUNCILPERSONS AYES: Murray, Puckett, Nielsen, Gomez, Bernstein (5)
COUNCILPERSONS NOES: None (0)
COUNCILPERSONS ABSTAINED: None (0)
COUNCILPERSONS ABSENT: None (0)
Resolution 13 -95
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