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CC - Adoption of a Resolution Reaffirming Authority Delegated to the City Manager and Assistant City Manager to: (1) Make an Application for Disability Retirement on Behalf of Employees to the California Public Employees’ Retirement System (CalPERS) and (2) Make a Determination Whether a Local Safety Member is Disabled for Retirement Purposes
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Contact Person/Dept: Serena Wright/HR
Phone Number: 310-253-5640
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No []
Public Hearing: [] Action Item: [] Attachments: Yes [X] No []
Commission Action Required: Yes [] No [X] Date:
Commission Name:
Public Notification: (E-Mail) Agenda and Meetings - City Council (09/23/15); Culver City Fire Management Group (09/23/15); Culver City Police Management Group (09/23/15); Culver City Firefighters Association (09/23/15); Culver City Police Officers Association (09/23/15); Culver City Employees’ Association (09/23/15); Culver City Management Group (09/23/15)
Department Approval: Serena Wright (Human Resources Director) (9/21/15)
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RECOMMENDATION
Staff recommends the City Council adopt a resolution reaffirming the authority delegated to the City Manager to: (1) make an application for disability retirement on behalf of employees to the California Public Employees Retirement System (CalPERS), and (2) make a determination whether a local safety member is disabled for retirement purposes.
BACKGROUND
On October 22, 1984, the City Council adopted Resolution 84-R165 which delegated authority to the Chief Administrative Officer (predecessor position to today’s City Manager) to make a determination on industrial disability retirement eligibility for local safety members and to submit an application for disability retirement on behalf of all employees.
The California Public Employees’ Retirement Law (PERL) contains the primary CalPERS’ constitutional provisions, statutes, and regulations. In accordance with PERL, an employee is disabled if his/her condition renders him/her substantially incapable of performing work duties either permanently or for an extended, uncertain period of time exceeding six months. Under PERL, an employee’s disability is industrial if the disability resulted from an injury or disease arising out of and in the course of the employee’s employment.
Agencies may submit a disability retirement application for local safety and miscellaneous members who choose not to apply for him/herself. CalPERS makes the final determination as to disability for miscellaneous members; determinations for local safety members are made by the Agency.
DISCUSSION
Culver City is a contracting agency with CalPERS for local safety and miscellaneous members. As part of this contract, CalPERS administers a disability retirement program for both local safety and miscellaneous members of the retirement system. In accordance with Government Code Section 21152, a disability retirement application may be initiated by either the CalPERS member (i.e. the employee), the governing body of the contracting agency (City Council), or by an official designated by the governing body.
Government Code Section 21173 allows the City Council to delegate any authority or duty to a subordinate officer. The City Council previously delegated the authority for filing applications and making appropriate determinations to the Chief Administrative Officer (via adoption of Resolution 84-R165). Traditionally, the City Manager has re-delegated this authority to the Assistant City Manager.
In 2006, the electorate of Culver City voted to approve significant amendments to the City Charter. Amongst several changes, the position title of Chief Administrative Officer was changed to City Manager. Recently, CalPERS has requested that the City update its previous resolution to reflect this change. In addition, Government Code Section 21023.6, which is referenced in the previous resolution, has been renumbered to Government Code Section 21152(c) and is reflected in the updated resolution attached for the City Council consideration.
FISCAL ANALYSIS
Adoption of the proposed resolution does not create a fiscal impact for the City.
ATTACHMENTS
Proposed Resolution.
MOTION
That the City Council:
Adopt a resolution reaffirming the authority delegated to the City Manager and the Assistant City Manager to (1) make an application for disability retirement on behalf of employees to the California Public Employees Retirement System (CalPERS) and 2) determine whether a local safety member is disabled for retirement purposes.