HomeMy WebLinkAboutCC RES 79-0592
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RESOLUTION NO. 79-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN DETERMINING AND CERTIFYING THAT
MAXIM RACINE IS INCAPACITATED AND IS ELIGIBLE
TO RETIRE FOR DISABILITY
WHEREAS, MAXIM RACINE is a local safety member finder the Public
Employees' Retirement Systeml and
WHEREAS, MAXIM RACINE has submitted an application for disability
retirement with the Public Employees' Retirement System; and
WHEREAS~ Government Code Section 21028 provides that upon receipt
an application for disability of a local safety member, that the Public Employees'
Retir. eme, nt System Board shall request the governing body of a local public
: ·
entit-:¢ to make the determination regarding whether or not the local safety.
member is incapacitated for the performance of duty; and
WHEREAS, Government Code Section 2102J~ provides that ii the governing
body determines, based on medical examination and other available information,
that the member is incapacitated and is eligible to retire, that the governing
body shall certify its determination to the Public Employees' Retirement Board;
and
WHEREAS, the City Council has delegated the fact-finding functions
reoar~,.._o ~;~.-~.o disability determinations to the Disability Retirement Review Board
~,' *' Pe nel Rules and Regulations Section 10(F); and
pursuant to ~,.s~ln rson
w n~.REAS~ the Disability Retirement Review Board has reviewed the
m~ica! reports of Drs. Goldfarb, 3effries and Peck, and has considered other
available medical evidencel and
WHEREAS~ based on a review of that evidence, the Disability Retirement
Review Board has determined that Maxim Racine is incapacitated and eligible
for a disability retirement.
NOW, THEREFORE, the City Council of the City of Tustin) does hereb{
RESOLVE as follows:
1. That it .has adopted the Disability Retirement Review Board's deter-
ruination that Maxim Racine is incapacitated from the performance of duty~ and
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is eligible for a disability retirement.
2. That said disability was industrially caused~ and
3. That the effective date of retirement is certified as _~ugust
1979.
That based upon the advice of the City Attorney, there is not a
possibility of third party liability for this disability.
PASSED AND ADOPTED this 20th day of August, 1979.
, '' Mayo~ -
ATTEST:
Ci~ C!e. '.~.-
~GR/ARB:pj
Turin Reso. D:I
07/3;/7?
STATE OF CALIFORNIA
COUNTY OF.O~GE . ) SS
CITY OF TUSTIN
RUTH C. POE, City Clerk 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 of the City of Tustin ~s five; that the
above and foregoing Resolution No. 79-59 was duly and regularly
introduced, passed and adopted at a regular meeting of the City Council
held on the 20th :'-. day of August , 1979, by the following
vote:
AYES:
COUNCII~.~N: SCHUSTER, SALTARELLI, SHARP, WELSH, KENNEDY
NOES: COUNCILMEN: NONE
. .~.. _ ~ -~ . ~ .. ~: .........
g.BSENT: COr..RNCII~,I~N: NONE
~UTH C~ P~12, C~ t~'-of Tusti~i 'caii~r~ia
..
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