TITLE
Recommendation to adopt resolution reaffirming authority granted to City Manager in 1982 to make applications for disability retirements on behalf of employees to the California Public Employees Retirement System (CalPERS), and delegating authority to the City Manager to make determinations on industrial disability retirement for safety employees once an application is submitted to CalPERS. (Citywide)
DISCUSSION
City Council action is requested to delegate authority to the City Manager to continue to make safety officer industrial disability retirement (IDR) determinations on behalf of the City.
Currently, the City Manager makes the industrial disability determination required by CalPERS based on City Council Resolution C-23413, which was adopted in 1982. At the request of CalPERS, the proposed Resolution will reaffirm the City Council’s original intent to delegate its authority to make safety officer IDR determinations to the City Manager in accordance with Government Code section 21152.
Background
The City is a contracting agency with CalPERS for local safety and non-safety members. As part of the contract, CalPERS administers a disability retirement program for local safety members. Disability retirement applications 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. The City Council previously, by Resolution No. C-23413 adopted August 10, 1982, delegated the authority for making disability retirement applications to the City Manager in compliance with the former Government Code section 21023. This Government Code section has been renumbered and is now Government Code section 21152.
Once CalPERS receives an application for disability retirement filed by, or on behalf of, a CalPERS safety member, the contracting agency is required to determine whether the employee is incapacitated or “disabled” from performing his/her job duties and, if so, whether his/her disability is an “industrial” disability. In making this determination, the contracting agency is required by CalPERS to make certain specified findings, determinations and statements. The contracting agency must then certify its determination to the CalPERS Board, which will approve or disapprove the application for disability retirement based on the contracting agency’s determination.
This matter was reviewed by Principal City Attorney Gary J. Anderson on May 19, 2016 and by Budget Analysis Officer Rhutu Amin Gharib on May 24, 2016.
TIMING CONSIDERATIONS
City Council action is requested on June 14, 2016, to ensure the City Manager can continue processing the pending industrial disability retirement cases.
FISCAL IMPACT
There is no fiscal or local job impact associated with this recommendation.
SUGGESTED ACTION
Approve recommendation.
BODY
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LONG BEACH DELEGATING AUTHORITY TO THE CITY MANAGER TO MAKE DETERMINATIONS ON INDUSTRIAL DISABILITY RETIREMENTS
Respectfully Submitted,
ALEJANDRINA R. BASQUEZ, DIRECTOR
DEPARTMENT OF HUMAN RESOURCES
APPROVED:
PATRICK H. WEST
CITY MANAGER