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THE CITY OF <br /> <br />[ Lfi AS&NTON c,t , Council <br /> Staff Report <br /> <br /> August 16, 2005 <br /> Human Resources <br /> <br />SUBJECT REVISION OF RESOLUTION DELEGATING AUTHORITY TO <br /> THE CITY MANAGER FOR DETERMINATION OF DISABILITY <br /> RETIREMENTS FOR SAFETY EMPLOYEES IN ORDER TO <br /> COMPLY WITH NEW PUBLIC EMPLOYEES RETIREMENT <br /> SYSTEM REQUIREMENTS <br /> <br />STAFF RECOMMENDATION: <br /> <br /> Adopt the attached resolution revising the resolution that delegated authority <br /> to the City Manager to make a determination under Section 21152(c) of the <br /> Government Code concerning disability retirements of safety employees. <br /> <br />SUMMARY Under the Public Employees Retirement Law, the determination as to <br /> whether a public safety employee is to be retired on a disability is vested in <br /> the public agency, not in the administration of the Public Employees <br /> Retirement System itself. The City Council, by resolution in 1979, <br /> delegated the responsibility for determining disability retirements of public <br /> safety employees to the City Manager. Due to a recent California Supreme <br /> Court decision, new standards are to be applied in the determination whether <br /> the employee is to be retired on disability. The attached resolution revises <br /> the resolution that delegates the authority to the City Manager to make these <br /> determinations and includes the factors that the administrators of PERS <br /> have said must be considered. <br /> <br /> Honorable Mayor and Members of the City Council: <br /> <br /> BACKGROUND <br /> <br /> Under the Public Employees Retirement Law, the determination whether safety members (police <br /> and fire employees) are eligible to be retired on a disability is vested in the public agency, <br /> subject, of course, to an appeal procedure. By contrast, the determination as to whether <br /> <br /> SR:05:235 <br /> Page 1 <br /> <br /> <br />