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HomeMy WebLinkAbout11 INDUSTRIAL LIABILITY RETIREMENT OF GENTRY MAYFIELDAgenda Item 11 Reviewed: AGENDA REPORT City Manager Finance Director fN1 MEETING DATE: SEPTEMBER 20, 2016 TO: JEFFREY C. PARKER, CITY MANAGER FROM: DERICK YASUDA, DIRECTOR OF HUMAN RESOURCES SUBJECT: FINDING AND DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT OF GENTRY MAYFIELD SUMMARY Adoption of the attached Resolution will certify that Gentry Mayfield is industrially disabled from his position of Police Officer and enable CalPERS to process his industrial disability retirement. RECOMMENDATION Adopt Resolution No. 16-52 finding that Police Officer Gentry Mayfield is industrially disabled from performing the duties of his position. FISCAL IMPACT None. BACKGROUND AND DISCUSSION An industrial disability retirement is retirement resulting from an employee's mental or physical incapacity to perform his/her usual job duties as the result of a job-related injury or illness. For local safety employees (e.g. sworn Police Officers) enrolled in the California Public Employees' Retirement System (CaIPERS), state law requires the employer to make a determination on a member's eligibility for industrial disability retirement. In accordance with the California Public Employees Retirement Law (PERL), a local safety employee qualifies for an industrial disability retirement if he/she 1) is determined, on the basis of competent medical opinion, to be substantially incapacitated from performing the usual and customary duties of his/her position, 2) the disability is permanent or of an extended and uncertain duration, and 3) the cause of the injury or illness is industrial, arising out of and in the course of employment. In accordance with CalPERS guidelines, as soon as it is believed that an employee is unable to perform his/her job because of an industrial injury or illness that is expected to City Council Agenda Report September 20, 2016 Industrial Disability Retirement of Gentry Mayfield Page 2 be permanent or of an extended and uncertain duration, the employee (or the employer on his/her behalf) should submit an application for industrial disability retirement. Gentry Mayfield separated from City service on October 2, 2015 and submitted to CalPERS an application for a Service Retirement Pending Industrial Disability Retirement, with an effective date of October 3, 2015. For individuals who have reached the "normal" retirement age (age 50 for a Police Officer), filing for a Service Retirement Pending Industrial Disability Retirement allows Officer Mayfield to receive a service retirement benefit while his Industrial Disability Retirement is being reviewed. Gentry Mayfield has been employed by the City of Tustin as a Police Officer for approximately 19 years. Officer Mayfield filed a workers' compensation claim on May 27, 2015 for back pain. The injury was ultimately determined to be cumulative trauma to the thoracolumbar spine and was accepted by the City as industrially related. After working for two weeks following the report of injury, Officer Mayfield's primary treating physician, Dr. Luis Rivera at U.S. Healthworks, took him off work on June 15, 2015. Officer Mayfield remained physically unable to return to work for the remainder of his time with the City and voluntarily separated from City service on October 2, 2015; prior to the expiration of Labor Code Section 4850 salary continuation benefits. As an individual who is eligible for a normal service retirement based on his age and years of service, Officer Mayfield filed for a Service Retirement Pending Industrial Disability Retirement in order to begin to receive a retirement benefit as he awaits a determination on his Industrial Disability Retirement. The City scheduled Officer Mayfield for an orthopedic Independent Medical Examination for the specific purpose of confirming whether Mayfield is disabled within the meaning of the PERIL. In July, the City received a report from Independent Medical Evaluator (IME) Richard I. Woods, MD, stating 1) Officer Mayfield is substantially incapacitated from performing the usual and customary duties of a Police Officer, 2) Officer Mayfield has reached Maximum Medical Improvement (MMI) with a permanent incapacitating disability, and 2) Officer Mayfield's disability is industrial and arose out of the course of his employment with the City. Considering the above, the City's human resources staff and third -party workers' compensation administrator believe that the City has all the information necessary to determine that Gentry Mayfield is industrially disabled from his position as a Police Officer in accordance with the criteria set forth in the PERL. Upon City Council adoption of the attached resolution, staff will send the resolution to CaIPERS to certify his industrial disability and allow CaIPERS to process his industrial disability retirement application. City Council Agenda Report September 20, 2016 Industrial Disability Retirement of Gentry Mayfield Page 3 Derick Yasuda Director of Human Resources Attachments: 1. City Council Resolution No. 16-52 RESOLUTION NO. 16-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT GENTRY MAYFIELD, A LOCAL SAFETY MEMBER, IS INDUSTRIALLY DISABLED FROM HIS DUTIES AS A POLICE OFFICER WHEREAS, 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 retirement of Gentry Mayfield, employed by the Agency in the position of Police Officer, has been filed with CaIPERS; and WHEREAS, the City of Tustin 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 does hereby find and determine that Gentry Mayfield is incapacitated within the meaning of the PERL from performing his usual and customary duties in the position of Police Officer; and BE IT FURTHER RESOLVED that the City of Tustin 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 Gentry Mayfield 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 voluntarily separated from his position of Police Officer prior to the expiration of his rights under Section 21164, Government Code, and that no dispute as to the expiration of such leave rights is pending. His last day on paid status was October 2, 2015 and his retirement date was October 3, 2015. There is no possibility of third party liability. Advanced Disability Pension Payments were not made, as the member filed for a Service Retirement Pending Industrial Disability Retirement. The primary disabling condition is orthopedic. Resolution 16-52 Page 1 of 2 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 20"' day of September 2016. JOHN NIELSEN Mayor ATTEST: ERICA N. RABE City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN I, Erica N. Rabe, 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. 16-52 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 201' day of September 2016, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. RABE City Clerk Resolution 16-52 Page 2 of 2