HomeMy WebLinkAboutCC RES 90-1551
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RESOLUTION NO. 90-155
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA,
APPROVING P.E.R.S. DISABILITY RETIREMENT
FOR LINDA M. MARCH
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 the
employee 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
Linda M. March 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
California has reviewed the medical and other
relevant to such alleged disability;
Tustin,
evidence
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 Linda M. March is incapacitated within the meaning of the
Public Employees' Retirement Law for the performance of her
duties in the position of Police Officer and;
BE IT FURTHER 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 neither said Linda M. March nor the City of Tustin has
applied to the Worker's Compensation Appeals Board for a
determination pursuant to Section 21023.6 whether such
disability is industrial. In making this finding, however,
the city reserves the right to raise such issues at a later
date should evidence so warrant, and the city further reserves
the right to seek apportionment of permanent disability
benefits under worker's compensation laws should the facts so
warrant.
Resolution 90-155, page 2
PASSED AND ADOPTED at the regular meeting of the City
Council of the City of Tustin, held on the 17th day of December, 1990.
,.}
Richard B. Edgar, Mayo...~...
December, 1990.
6 ATTEST:
7 .....
8(~~_.~.~ Wynn, City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF TUSTIN )
CERTIFICATION FOR RESOLUTION NO. 90-155
Mary E. Wynn, City Clerk and ex-officio Clerk of the City
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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 l. Tth day of December, 1990 by the
following vote:
COUNCILMEMBER AYYES: Edgar, Puckett, Pont'ious, Ports
COUNClLMEMBER NOES: None
COUNCILMEMBER ABSTAINED:
Xone
COUNCILMEMBER ABSENT:
~resco~t
~ E. Wynn, City Clerk