HomeMy WebLinkAboutCC RES 98-121 .RESOLUTION NO. 98-12
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 TUSTIN, CALIFORNIA, FINDING AND DETERMINING THE
INDUSTRIAL DISABILITY OF BRYAN MEDER
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The City Council of the City of Tustin hereby resolve as follows:
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6 WHEREAS, the City of Tustin is a contracting agency of the Public
Employees' Retirement System;
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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
disabled for purposes of the Public Employees' Retirement Law and whether such
10 disability is "industrial" within the meaning of such law;
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WHEREAS, an application for disability retirement of Bryan Meder,
19. employed by the City of Tustin in the position of police officer has been filed by
13 the City with the Public EmplOyees' Retirement System as authorized by
Resolution No. 97-32; and
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WHEREAS, the Retirement Review Board of the City of Tustin, California,
15 has reviewed'the medical and other evidence relevant to such alleged disability and
16 found Bryan Meder to be disabled from performing the duties of Police Officer;
17 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the
18 City of Tustin, California, does hereby find and determine effective as of March
1, 1998, that Bryan Meder is disabled within the meaning of Government Code
19 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
20 employment and;
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BE IT FURTHER RESOLVED, that a petition will be filed with the
22 Workers Compensation Appeals Board for determination pursuant to Section
23 21026, Government Code; and a copy of such determination will be provided
when rendered;
AND BE IT FURTHER RESOLVED, that for PERS retirement purposes,
25 the member is separated from his employment in the position of Police Officer
26 effective March 1, 1998, per the finding of the agreed medical examiner of a
permanent and stationary status.
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1 There is not a possibility of third party liability.
Advanced disability pension payments will be made every other week in the
3 amount ~3f $990, beginning March 6, 1998.
4 The primary disabling condition is disc degenerative disease and annular
5 tear.
6 Mr. Meder shall be notified of this decision and of his fight m 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 shall be conducted by an administrative law judge who
9 shall have the power to issue findings and a recommendation, subject to the City
10 Council's fight 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
19. regular meeting held on the 2nd day of March, 1998.
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16 ~'/~7f~f.,2t omas,~'Mayoi'
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20 Pare Stoker, City Clerk
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City of Tustin
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF TUSTIN )
RESOLUTION NO. 98-12
Pamela Stoker, City ~lerk 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 2nd day of March, 1998, by the following vote:
COUNCILMEMBER AYES: Thomas, Saltarelli, Doyle~ Potts, Worley
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: None
Pamela Stoker, City Clerk