HomeMy WebLinkAboutCC RES 16-65RESOLUTION NO. 16=65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, FINDING THAT BRIAN CHUPP, 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, hie/she is classified as a local safety member is disabled for
purposes of the PERL ands whether such disabillity is "industrial" within the meaning of
such, law; and
WHEREAS, an application for the industrial disability retirement of Brian Chupp,
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 Brian Chupp 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 Brian Chupp 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, and that no dispute as to the expiration of such leave rights is pending. His last
day on paid status was November 15, 2016 and his retirement date will be November
16, 2016. There is no possibility of third party liability. Advanced Disability Pension
Payments will be made. The primary disabling condition is orthopedic (lumbar spine).
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin
held on the 15th day of November 2016.
Resolution 16-65
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J 0
H NN I E L S E N,
Mayor
ATTEST:
ERIC A N. RAGE,
City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE SS
CITY OF TUSTIN
1, Erica N. Rabe, City Clerk ands 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. 16-65 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on, the 15th day of
November 2016, by the following vote:
COLINCILMEMBER AYES: Puckett i 5)
COLINCILMEMBER NOES: (0)
COUNCIILMEMBER ABSTAINED,: 10)
COLINCILMEMBER ABSENT' t 0)
W
ERICA W RABE,
City Clerk