HomeMy WebLinkAbout09 INDUSTRIAL DISABILITY RETIREMENT MARK TURNER DocuSign Envelope ID:7CF56358-020E-44B1-B07A-1A1C1F2F9E33
Agenda Item 9
Reviewed:
AGENDA REPORT City Manager 5W
Finance Director N/A
MEETING DATE: SEPTEMBER 1, 2020
TO: MATTHEW S. WEST, CITY MANAGER
FROM: DERICK YASUDA, DIRECTOR OF HUMAN RESOURCES
SUBJECT: FINDING AND DETERMINING THE INDUSTRIAL DISABILITY RETIREMENT
OF MARK TURNER
SUMMARY
Adoption of the attached Resolution will certify that Mark Turner is industrially disabled
from his position of Senior Officer I and enable CalPERS to process his industrial
disability retirement.
RECOMMENDATION
Adopt Resolution No. 20-58 finding that Senior Officer I Mark Turner is industrially
disabled from performing the duties of his position.
FISCAL IMPACT
None.
BACKGROUND AND DISCUSSION
On August 18, 2020, the City Council unanimously approved the industrial disability
retirement (IDR) of Senior Officer I Mark Turner based on a work-related orthopedic
injury that has kept him off work for an "extended and uncertain duration" in excess of
12 months with no projected return to work date. After the City provided Resolution No.
20-53 to CalPERS, CalPERS asked the City to re-submit a modified resolution
specifying in the text of the resolution that the disabling condition is expected to last at
least 12 months. Resolution No. 20-58 includes the language requested by CalPERS.
I
Derck Yasuda
Director of Human Resources
Attachment:
1. City Council Resolution No. 20-58
DocuSign Envelope ID:7CF56358-020E-44B1-B07A-1A1C1F2F9E33
RESOLUTION NO. 20-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, FINDING THAT MARK TURNER, A
LOCAL SAFETY MEMBER, IS INDUSTRIALLY DISABLED
FROM HIS DUTIES AS A SENIOR OFFICER I
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 Mark Turner,
employed by the City in the position of Senior Officer I, for orthopedic disabilities, has
been filed with CalPERS; 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 Mark Turner is incapacitated within the
meaning of the California Public Employees' Retirement Law from performance of his
duties in the position of Senior Officer I 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).
Mark Turner had filed a Workers' Compensation claim for his 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 Mark Turner 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 was separated from employment
in the position of Senior Officer I after expiration of his leave rights under Government
Code section 21164, with an effective date of June 7, 2020 with CalPERS, and that no
dispute as to the expiration of such leave rights is pending. His last day on paid status
with the City was June 6, 2020 and his CalPERS retirement date was June 7, 2020.
Resolution 20-58
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DocuSign Envelope ID:7CF56358-020E-44B1-B07A-1A1C1F2F9E33
There is not a possibility of third-party liability.
Advanced Disability Pension Payments were not made, as the member filed for a
Service Retirement Pending Industrial Disability Retirement.
The primary disabling condition is Orthopedic.
The duration of the disabling condition is expected to last at least twelve
consecutive months from the date of the application for benefits, 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 1 St day of September 2020.
DR. ALLAN BERNSTEIN
Mayor
ATTEST:
ERICA N. YASUDA
City Clerk
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. 20-58 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 1St day of
September 2020, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
ERICA N. YASUDA
City Clerk
Resolution 20-58
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