HomeMy WebLinkAboutCC RES 79-0588
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RESOLUTION NO. 79-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN DETERMINING AND CERTIFYING THAT
EDWARD VALES IS INCAPACITATED AND IS ELIGIBLE
TO RETIRE FOR DISABILITY
WHEREAS, Edward Vales is a local safety member gnder the Public
Employees' Retirement System; and
WHEREAS, Edward Vales has submitted an application for disability
retirement with the Public Employees' Retirement System; and
~HEREA$~ Government Code Section 2102~ provides that upon receipt of
an application for disability of a local safety member, that the Public Employees'
Retirement System Board shall request the governing body of a loca[ public
enti~w~ to make the determination regarding whether or not the local safety
member b incapacitated for the performance of duty; and
WH'E. REAS~ Government Code Section 2102~i provides that if the governing
body.~_~_:~+-~-~."..~¢,.,.:,~, based on medical .examination and other available information,
that *'= . ' ......
~h~ member is incapacitated and is eligible to retire, that the governing
body ~-"
s,~=:~ cert~.fy its determination to the Public Employees' Retirement Board;
and
""u:,': :EP. EAS, the City CounciI has delegated the fact-finding functions
~ra;.~, ~;~.~ity determinations to the Disability Retirement Review Board
pursuant, t-o Tust'~n Personnel Rules and Regulations Section 10(F); and
WHEREAS, the Disability. Retirement Review Board has reviewed the
medical reports of Drs. Markowitz, Wu, Villalobos and 3effries and has con-
sidered other available medical evidence; and
WHEREAS, based on a review o£ that evidence,' the Disability Retirement
Review Board has determined that Edward Vales is incapacitated and eligible for
a disabilitv retirement.
NOW, THEREFORE, the City Council of the City of Tustin, does hereby' . .......
RESOLVE as follows:
1. That it has adopted the Disability Retirement Review Board's deter-
mination that Edward Vales 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 August. 26
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.
· - May~r ..................
ATTEST-
3GR/ARB:Dj
Tustin Reso.-2 D:I
07/3!/79
STATE OF CALIFO~lqlA )
COUNTY 'OF ORANGE ) 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 ;:-hole nu~-~er of
the mem~e.rs of the City Council of the City of Tustin is five; that the
above'and foregoing Resolution No. 79-58 %-:as 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 followin
vote:
AYES -
NOES:
ABSENT:
COt.~CIL/.~N- SCHUSTER, SALSA ~RELLI,_SHARP, WEL~S~ ,' :_KENNEDY
.
COUNCiL~-~5:: NONE
COU~NCIL.~.~N: NONE