HomeMy WebLinkAboutCC RES 99-171 RESOLUTION NO. 99-17
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A RESOLUTION OF THE CITY COUNCIL OF TtE CITY OF
3 TUSTIN, CALIFORNIA, FINDING AND DETERMINING
THE INDUSTRIAL DISABILITY OF KEITH ARRANTS
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5 The City Council of the City of Tustin hereby resolves as follows:
6 WHEREAS, the City of Tustin is a contracting agency of the Public
7 Employees' Re'Urement System;
8 WHEREAS, the Public Employees' Retirement Law requires that a
contracting agency determine whether an employee of such agency who is in a
9 position of employment in which he is classified as a local safety member is
10 disabled for purposes of the Public Employees' Retirement Law and whether such
disability is "industrial" within the meaning of such law;
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WHEREAS, an application for disability retirement of Keith Arrants,
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employed by the City of Tustin in'the position of police officer has been fled by
13 the City with the Public Employees' Retirement System as authorized by
Resolution No. 97-32; and
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15 WHEREAS, the Retirement Review Board of the City of Tustin,
California, has reviewed the medical and other evidence relevant to such alleged
16 disability and found Keith Arrants to be disabled from performing the duties of
Police Officer;
18 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the
City of Tustin, California, does hereby fred and determine effective as of February
19 1, 1999, that Keith Arrants is disabled within the meaning of Government Code
20 Section .21156, from performing the duties of Police Officer and that such
disability is a result of injury or disease arising out of and in the course of said
21 employment and;
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BE IT FLIRTHER RESOLVED, that a petition will be fled with the
23 Workers Compensation Appeals Board for determination pursuant to Section
21026, Government Code; and a copy of such determination will be provided
24 when rendered;
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AND BE IT FURTHER RESOLVED, that for PERS retirement purposes,
26 the member is separated from his employment in the position of Police Officer
27 effective February 1, 1999 per the finding of the agreed medical examiner of a
permanent and stationary status.
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2 There is not a possibility of third party liability.
3 Advanced disability pension payments will be made every other week in the
amount of $1,019.50, beginning February 1, 1999.
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5 The primary disabling condition is limited use of right upper extremity..
6 Mr. Arrants shall be notified of this decision and of Ms right to request an
7 appeal hearing within thirty (30) days of the date of mailing the notice of this
decision. The notice shall be sent by certified mail, return receipt requested.
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The appeal hearing shah be conducted by an administrative law judge who
9 shall have the power to issue findings and a recommendation, subject to the City
I 0 Council's right to concur or disagree with the judge's recommendation in making
its final decision on the matter.
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PASSED AND ADOPTED by the City Council of the City of Tustin at a
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regular meeting held on the 16th day of February, 1999.
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16 Thomas R. y~Ftarelli, Mayor
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9.0 Pam Stoker, City Clerk
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27 S:BMC\WorkersComp/ArrantsDisRes.doe
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RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF TUSTIN )
RESOLUTION NO. 99-17
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 passed and adopted at a regular meeting of
the City Council held on the 16th day of February, 1999, by the following vote:
COUNCILMEMBER AYES: Saltarelli, Worley, Doyle, Potts, Thomas
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED None
COUNCILMEMBER ABSENT: None
Pamela Stoker, City Clerk