HomeMy WebLinkAbout11 RETIREMENT CARVAJAL 07-21-97NO. 11
7-21'97
DATE'
JULY 15, 1997
Inter-Com
TO: -
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
PERSONNEL SERVICES
DISABILITY RETIREMENT OF CHARLES CARVAJAL
SUMMARY: APPROVE RESOLUTION NO. 97-74 FINDING AND DETERMINING
THE INDUSTRIAL DISABILITY RETIREMENT OF CHARLES CARVAJAL.
RECOMMENDATION:
That the City Council approve ReSolution No. 97-48 adopting and certifying to the
Public Employees Retirement System the determination of the Retirement Review
Board that Charles Carvajal '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. Carvajal's early retirement was unplanned and unfunded.
Determining long term costs is difficult because ther'e 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. Carvajal. If it takes six months for PERS
to place Mr. Carvajal on the retirement roll, the City will have spent $25,194 in
advance disability which will ultimately be repaid by the Public Employees Retirement
System.
BACKGROUND:
Mr. Carvajal has been 'a police officer with the City of Tustin since August 23, 1 979.
Through'the WorkerS Compensation system, Mr. Carvajal was found disabled from
Post Traumatic Stress Disorder by an agreed medical examiner. Since this doctor also
found him to be permanent and stationary, he is being retired effective July 18, 1997,
and will be advanced disability retirement payments by the City until such time as the
TO' WILLIAM A. HUSTON
RE: DISABILITY RETIREMENT OF CHARLES CARVAJAL
Page 2
Public Employees Retirement System begins payment of his retirement. When this
occurs, the City will be reimbursed by PERS all amounts advanced in disability
retirement to Mr. Carvajal.
Bettie Correa
Senior Personnel Analyst
BMC6:RES97-74.RPT
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RESOLUTION NO. 97-74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, FINDING AND DETERMINING THE
INDUSTRIAL DISABILITY OF CHARLES CARVAJAL
The City Council of the City of Tustin hereby resolve as follows'
WHEREAS, the City of Tustin
EmPloyees' Retirement System;
is contracting agency of the Public
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 Charles Carvajal,
employed by the City of Tustin in the position of police officer has been filed by
the City with the Public Employees' Retirement System; 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 Charles Carvajal 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 July 18,
1997, that Charles Carvajal 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 was separated from his employment in the position of Police Officer
effective July 18, 1997, 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 $969, beginning August 8, 1997.
The primary disabling condition is post traumatic stress disorder.
Mr. Carvajal 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 21st day of July, 1997.
Jeffery M. Thomas, Mayor
Pam Stoker, City Clerk
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
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