HomeMy WebLinkAbout13 RETIRE R. FRAZIER 05-06-96DATE:
Inter-Com
NO. 13
5-6-96
MAY 1, 1996
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
PERSONNEL SERVICES
DISABILITY RETIREMENT OF RON FRAZlER
RECOMMENDATION:
That the City Council accept the determination and findings of the Retirement Review
Board that Police Officer Ronald Frazier is disabled and incapacitated within the
meaning of Public Employees' Retirement Law for performance of his duties in the
position of police officer and that such disability is a result of injury or disease arising
out of or in the course of his employment; and accordingly adopt the enclosed
resolution.
BACKGROUND:
Mr. Frazier was injured as the result of an accident while responding to an emergency
call. Mr. Frazier's injuries have been found to be permanent and stationary and Mr.
Frazier has applied to the Public Employees' Retirement System (PERS) for a disability
retirement. The Public Employees Retirement System requires that for local safety
members, the decision whether or not such employee is disabled and whether such
disability is a result of injury on the job are to be made by the local agency. The City
of Tustin's Rules and Regulations have provisions for the Retirement Review Board to
perform that function and the Board's determination is then submitted to Council for
adoption and certification to the Public Employees' Retirement System. The
Retirement Review Board consists of senior City management personnel.
The Retirement Review Board met on April 26, 1996, and reviewed Frazier's medical
report and other relevant documents. Resolution No. 96-42 incorporates the
determination and findings of the Retirement Review Board that Mr. Frazier is disabled
and that his disability is a result of an industrial injury. The resolution also authorizes
advance disability payments to Mr. Frazier allowed by law to allow the employee
income while the disability retirement application is being processed by PERS.
Advances will be reimbursed to the City by PERS from the first disability check issued
upon placement on the retirement roll. Advance disability payments will commence
effective April 9, 1996.
Bettie Correa
Senior Personnel Analyst
BMCS:FRAZRPT.DIS
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RESOLUTION NO. 9642
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ADOPTING THE DETERMINATION
OF THE RETIREMENT REVIEW BOARD FINDING THE
INDUSTRIAL DISABILITY OF RONALD FRAZIER
ORDERING CERTIFICATION TO PERS AND ORDERING
ADVANCE DISABILITY PAYMENTS.
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 Ronald Frazier,
employed by the City of Tustin in the position of Police Officer has been filed
with the Public Employees' Retirement System; and
WHEREAS, the Retirement Review Board has reviewed evidence presented
by the Personnel Department concerning the disability of Ronald Frazier, and has
determined, based on medical and other relevant evidence, that Mr. Frazier is
disabled and that this resolution shall be forwarded to PERS as certification of the
industrial disability.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the
City of Tustin, adopts the determination of the Retirement Review Board 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 the member was separated from his
employment in the position of Police Officer effective April 9, 1996.
There is a possibility of third party liability,
Advanced disability pension payments shall be made every other week in
the amount of $951.46, beginning May 10, 1996.
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The primary disabling condition is knee instability.
PASSED AND ADOPTED by the City Council of the City of Tustin at a regular
meeting held on the 6th day of May, 1996.
Tracy Wills Worley, Mayor
Pamela Stoker,' City Clerk
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
CERTIFICATION FOR RESOLUTION NO. 96-42
Pamela stoker, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, does hereby certify that the whole number of the members of
the City Council is five; that the above and foregoing Resolution was duly and
regularly passed and adopted at a regular meeting of the City Council held on the
6th day of May, 1996 by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Pamela Stoker, City Clerk
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