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HomeMy WebLinkAbout05 FINDING & DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT OF TODD BULLOCKMEETING DATE: MAY 15, 2018 TO FROM SUBJECT: SUMMARY JEFFREY C. PARKER, CITY MANAGER Agenda Item 5 Reviewed.- City eviewed:City Manageri Finance Director /A DERICK YASUDA, DIRECTOR OF HUMAN RESOURCES FINDING AND DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT OF TODD BULLOCK Adoption of the attached Resolution will certify that Todd Bullock is industrially disabled from his position of Police Lieutenant and enable CalPERS to process his industrial disability retirement. RECOMMENDATION Adopt Resolution No. 18-36 finding that Police Lieutenant Todd Bullock 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 Lieutenants) 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 May 15, 2018 Industrial Disability Retirement of Todd Bullock 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. Todd Bullock has been employed by the City of Tustin for approximately 27 years, the last four (4) years of which as Police Lieutenant. On April 7, 2017, Lt. Bullock filed a workers' compensation claim for Post -Traumatic Stress Disorder. Per his primary treating physician, Dr. Peterson, his condition is directly related to his employment with the City in the Police Department. Based on Dr. Peterson's reporting and the City's third -party workers' compensation administrator's recommendation, the City accepted his claim as industrially related. Lt. Bullock has treated with Dr. Peterson since the onset of his condition and has been off work continuously since April 7, 2017. As of April 7, 2018, Lt. Bullock has received his statutory benefit per Labor Code 4850; one (1) of full salary continuation. Since the expiration of his 4850 benefit, Lt. Bullock has continued to receive the statutory temporary disability (TD) benefit through the City's third -party workers' compensation administrator. On April 26, 2018, the City received communication from Dr. Peterson stating 1) Lt. Bullock is substantially incapacitated from performing the usual and customary duties of a Police Lieutenant, 2) Lt. Bullock's disability is expected to be permanent and 3) his disability is completely the result of his duties as a police officer. 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 Todd Bullock is industrially disabled from his position as a Police Lieutenant in accordance with the criteria set forth in the PERL. Upon City Council adoption of the attached resolution, staff will send the resolution to CalPERS to certify his industrial disability and allow CalPERS to process his industrial disability retirement application. Prepared by: Katyn R znos Senior I�lanageme'ntr`Analyst Attachments: 1. City Council Resolution No. 18-36 App roved by: � , � L Derick Yasuda Director of Human Resources RESOLUTION NO. 18-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT TODD BULLOCK, A LOCAL SAFETY MEMBER, IS INDUSTRIALLY DISABLED FROM HIS DUTIES AS A POLICE LIEUTENANT WHEREAS, the City of Tustin (hereinafter referred to as Agency) is a contracting agency of the California Public Employees' Retirement System (CalPERS); 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 Todd Bullock, employed by the Agency in the position of Police Lieutenant, 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 Todd Bullock is incapacitated within the meaning of the PERL from performing his usual and customary duties in the position of Police Lieutenant; 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 Todd Bullock 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 Lieutenant 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 May 3, 2018 and his retirement date will be May 4, 2018. There is no possibility of third party liability. Advanced Disability Pension Payments will be made. The primary disabling condition is psychological (Post Traumatic Stress Disorder). PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 15th day of May 2018. Resolution 18-36 Page 1 of 2 Elwyn A. Murray Mayor ATTEST: ERICA N. RABE City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN 1 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. 18-36 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 15"' day of May 2018, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. RABE City Clerk Resolution 18-36 Page 2 of 2