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 CITY COUNCIL OF THE CITY OF PLEASANTON <br /> ALAMEDA COUNTY, ALAMEDA <br /> RESOLUTION NO. 05-060 <br /> <br /> RESOLUTION DELEGATING AUTHORITY TO THE CITY <br /> MANAGER FOR DETERMINATION OF DISABILITY RETIREMENTS <br /> FOR SAFETY EMPLOYEES IN ORDER TO COMPLY WIT~I NEW <br /> PUBLIC EMPLOYEES RETIREMENT SYSTEM REQUIREMENTS <br /> <br />WHEREAS, the City of Pleasanton ("Agency") is a contracting agency of the Public Employees <br /> Retirement System; and <br /> <br />WHEREAS, the Public Employees Retirement Law requires that a contracting agency <br /> determine whether a local safety member employee is disabled for purposes of the <br /> Public Employees Retirement Law and whether such disability is industrial; and <br /> <br />WHEREAS, the City Council by Resolution 79-122 had delegated to the City Manager under <br /> Section 21173 of the Government Code the authority to make such <br /> determinations; and <br /> <br />WHEREAS, due to change in the law, the determination as to whether a local safety member is <br /> eligible to be retired on disability must also include a determination whether <br /> comparable positions with reasonably comparable benefits are or are not available <br /> to the member; and <br /> <br />WHEREAS, the City Council wishes to revise its previous resolution to make it express that the <br /> City Manager is to consider this new change in the law before making a <br /> determination as to a disability retirement. <br /> <br />NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON RESOLVES <br />AS FOLLOWS: <br /> <br />Section 1: The City Council delegates to the City Manager the authority to make <br /> determinations under Section 22152(c) of the Government Code, on behalf of the <br /> City of Pleasanton, whether a local safety member is disabled, whether the <br /> disability is industrial, and whether comparable positions with comparable benefits <br /> are available to the member with other CalPERS agencies, and to certify such <br /> determinations and other necessary information to the Public Employees <br /> Retirement System. <br /> <br /> <br />