HomeMy WebLinkAboutCC RES 18-59RESOLUTION NO. 18-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, FINDING THAT KHAYA BRESKIN, A LOCAL SAFETY
MEMBER, IS INDUSTRIALLY DISABLED FROM HER DUTIES AS A POLICE
OFFICER
WHEREAS, the City of Tustin (hereinafter referred to as "City") is a contracting
agency of the California Public Employees' Retirement System (CaIPERS); and
WHEREAS, the California Public Employees' Retirement Law 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
California Public Employees' Retirement Law and whether such disability is "industrial"
within the meaning of such law; and
WHEREAS, an application for the industrial disability retirement of Khaya
Breskin, employed by the City in the position of Police Officer, for Orthopedic
Disabilities, has been filed with CaIPERS; and
WHEREAS, the City 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 Khaya Breskin is incapacitated within the
meaning of the California Public Employees' Retirement Law from performance of her
duties in the position of Police Officer and does hereby certify under penalty of perjury
that this determination was made on the basis of competent medical opinion and was
not used as a substitute for the disciplinary process in accordance with Government
Code section 21156(a)(2).
Khaya Breskin had filed a Workers' Compensation claim for her disabling condition. The
Workers' Compensation claim was accepted.
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 Khaya Breskin nor the City 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 her
position of Police Officer after expiration of her rights under Government Code Section
21164, effective July 27, 2018 and that no dispute as to the expiration of such leave
rights is pending. Her last day on paid status was April 21, 2017 and her retirement date
will be July 27, 2018.
Resolution 18-59
Page 1 of 3
There is a possibility of third party liability.
Advanced Disability Pension Payments will be made. The payments will be made
monthly in the amount of $4,014.00 beginning September 30, 2018. A prorated payment
will be made on September 6, 2018 in the amount of $4,661.00 for the period of July 27
through August 31, 2018.
The primary disabling condition is orthopedic (Low back).
The duration of the disability is expected to be permanent, which is certified by
competent medical opinion.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin
held on the 4th day of September 2018.
ATT T.
ERICA N. YA W DA,
City Clerk
i
ELWYN . MURRAY,
Mayor
Resolution 18-59
Page 2 of 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN
I, Erica N. Yasuda, 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. 18-59 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 4t' day of
September 2018, by the following vote:
COUNCILMEMBER AYES: Murray, Gomez, Puckett, Bernstein, Clark (5)
COUNCILMEMBER NOES: (0)
COUNCILMEMBER ABSTAINED: (0)
COUNCILMEMBER ABSENT: (0)
L.2 -
ERICA N. YA DA,
City Clerk
Resolution 18-59
Page 3 of 3