HomeMy WebLinkAboutCC 8 RES 93-110 10-19-93DATE:
CONSENT CALENDAR NO. 8
10~,19v93 -
Inter-Com
OCTOBER 13, 1993
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
BETTIE CORREA, SENIOR PERSONNEL ANALYST
RESOLUTION #93-110
RECOMMENDATION:
That Resolution #93-110, finding and determining the industrial disability of Robert
LaBarge be approved.
FISCAL IMPACT:
The fiscal impact to the City of Tustin may be slight to none because the rate that the
City pays to the Public Employees Retirement System (PERS) is experience rated and
a large amount of industrial disability retirements would have a tendency to increase
the rates that the City pays to PERS. In this case, Mr. LaBarge has been employed
with the City for almost 14 years but has approximately 12 years of additional PERS
service credit from other agencies. Because of his 26 years of service credit, he
should be sufficiently funded so that City of Tustin rates will not increase
significantly, if at all.
DISCUSSION'
Mr. Robert (Barney) LaBarge has been employed with this City as a Police Officer
since December 19, 1979. He developed heart disease during the course of his
employment and his doctors have advised that he not return to duty. The City's
doctors have concurred that Mr. La Barge has a heart condition that precludes him
from performing the duties of a Police Officer. Heart trouble by Labor Code Section
3212.5 is presumed to arise out of and in the course of employment as long as the
employee has been employed for five years. Mr. LaBarge's injury is considered
industrial.
BIVIC2:CNCLRPT.RES
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RESOLUTION NO. 93-110
A RESOLUTION OF THE CITY COUNCIL OF TIlE CITY OF
TUSTIN, CALIFORNIA, FINDING AND DETERMINING THE
INDUSTRIAL DISABILITY OF ROBERT LABARGE
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 Robert LaBarge,
employed by the City of Tustin in the position of Police Officer has-been filed
with the Public Employees' Retirement System; and
WHEREAS, the City Council of the City of Tustin, California, has
reviewed the medical and other evidence relevant to such alleged disability;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the
City of Tustin, California, 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 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 the member was separated from
his employment in the position of Police Officer effective October 15, 1993.
There is not a possibility of third party liability.
Advanced disability pension payments will be made every other week in the
amount of $978.62, beginning November 4, 1993.
The primary disabling condition is heart disease.
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PASSED AND ADOPTED by the City Council of the City of Tustin at a
regular meeting held on the 19th day of October, 1993.
Jim Potts, Mayor
Mary E. Wynn, City Clerk
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
CERTIFICATION FOR RESOLUTION NO. 93-110
Mary E. Wynn, 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
19th day of October, 1993 by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Mary E. Wynn, City Clerk
MIM:reso 110.93