HomeMy WebLinkAboutCC RES 22-17 DocuSign Envelope ID:4E35E1D3-EF78-41C8-AOE8-E108B5F17BE7
RESOLUTION NO. 22-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, FINDING THAT MATTHEW HOWARD, A LOCAL SAFETY
MEMBER, IS INDUSTRIALLY DISABLED FROM HIS 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 Matthew
Howard, employed by the City in the position of Police Officer, for orthopedic injury, 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 Matthew Howard is substantially
incapacitated within the meaning of the California Public Employees' Retirement Law
from performance of his 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).
Matthew Howard had filed a Workers' Compensation claim for his disabling
condition. The Workers' Compensation claim was accepted.
BE IT FURTHER RESOLVED that the City Council does hereby find and
determine that such disability is a result of injury or disease arising out of and in the
course of employment with the City. Neither Matthew Howard nor the City has applied
to the Workers' Compensation Appeals Board for a determination pursuant to Section
21166 as to whether such disability is industrial; and
BE IT FURTHER RESOLVED that the last date Matthew Howard was in paid
status in the position of Police Officer after expiration of his leave rights under
Government Code sections 21163 and 21164 was December 16, 2021 and that no
dispute as to the expiration of such leave rights is pending. His CalPERS retirement
date will be December 17, 2021 .
Resolution 22-17
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There is not a possibility of third-party liability.
Advanced Disability Pension Payments will be made. The payments will be made
monthly in the amount of $4,761 .00 beginning May 31 , 2022. A retroactive payment will
be made in the amount of $21 ,193.00 for the period of December 17, 2021 through April
30, 2022.
The primary disabling condition is Orthopedic (back).
The duration of the disabling condition is of an extended and uncertain duration,
lasting more than twelve consecutive months, 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 17th day of May 2022.
DocuSigned by:
Gori �Jcv�lv1i�R�d
AUS IT IV LL7 BARB,
Mayor
ATTEST:
DocuSigned by:
aStti
ERI INPA,Y0DA,
City Clerk
Resolution 22-17
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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. 22-17 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 17th day
of May 2022, by the following vote:
COUNCILMEMBER AYES: Lumbard, Cooper, Clark, Gallagher, Gomez (5)
COUNCILMEMBER NOES: (0)
COUNCILMEMBER ABSTAINED: (0)
COUNCILMEMBER ABSENT: (0)
DocuSigned by:
y'iCa q"'Saa
ERIL*oWYASVDA,
City Clerk
Resolution 22-17
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