HomeMy WebLinkAboutRES NO 277-04 277..04
RESOLUTION NO.
A RESOLUTION ESTABLISHING DISABILITY RETIREMENT
PROCEDURES FOR SAFETY MEMBERS.
WHEREAS, the City Council wishes to streamline disability retirement
procedures for safety members and conform those procedures to applicable state law;
and
WHEREAS, to that end Resolution No. 79-92 is hereby repealed and replaced by
this Resolution.
NOW, THEREFORE,
Bakersfield as follows:
BE IT RESOLVED, by the Council of the City of
DISABILITY RETIREMENT REVIEW COMMITTEE
FOR SAFETY MEMBERS.
A. All applications for disability retirement shall be reviewed by the Disability
Retirement Review Committee for Safety Members ("Committee").
Said Committee shall consist of:
1.
The appropriate department head, i.e., fire safety member - Fire chief,
police safety member- Police Chief;
A representative from the Human Resources Division;
A representative from the Risk Management Division;
3.
The Department Head member shall be the Chairperson of this Committee.
1. If the application for disability retirement pertains to the Police Chief or the
Fire Chief, then that particular Chief shall not serve as a member of the
Committee; and
2. The non-affected Chief shall then serve and shall be chairperson.
After receipt of an application for disability retirement by or on behalf of a local
safety member, the Committee shall:
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ORIGINAL
Notify the safety member to file with the Committee any and all evidence
in the form of written medical reports, certificates or other documents
which the safety member wishes the City to consider in making the
determination required to be made.
Obtain all claims and medical reports filed with Risk Management for
workers' compensation benefits.
Cause a factual investigation of the circumstances surrounding the cause
of the injury or disease to assist in the following determination:
a) Whether the local safety member is incapacitated for the
performance of the duties of his/her position, and
b)
Whether the disability or death is the result of injury or disease
arising out of and in the course of the local safety member in
employment.
Arrange for a medical examination of the local safety member by a
physician chosen by the Committee in cases where the Committee
decides this is necessary or desirable. The Committee shall then notify
the local safety member that he is required to report at a time and place
specified. The physician shall also receive copies of all medical reports
pdor to seeing the local safety member.
5. The Committee shall make their recommendations to the City Manager.
The Chairperson of the committee shall continue to monitor the application
until final disposition.
Any deviation from these procedures shall be by mutual consent of the local
safety member, the Committee and the City Manager.
II.
DETERMINATIONS BY CITY MANAGER.
The City Manager shall:
Independently review the local safety member's application, including the
recommendations of the Committee and all of the medical evidence provided to
the Committee.
Require the department head or his designee employing the safety member to
file with the City Manager a complete report on a form supplied by the City
Manager.
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ORIGINAL
C. Gather any other information necessary to determine the effective date of the
retirement.
D. Pursuant to the authority delegated to the City Manager by Resolution No. 5-74,
make the following determinations:
1. Whether the applicant, a local safety member, is incapacitated physically
or mentally for the performance of the duties of his position.
2. Whether the disability or incapacity for performance of duty is permanent
or of extended and uncertain duration.
3. Whether the disability is industrial, i.e., arising as a result of injury or
disease out of and in the course of employment as a local safety member.
4. The effective date of retirement of the applicant for disability retirement.
5. Whether a local safety member who has been retired for disability has
ceased to be disabled for his position held at retirement.
G. The City Manager shall either approve or deny the disability retirement or
reinstatement and, if approved, determine whether said disability is either
industrial or nonindustrial.
H. The City Manager shall notify the local safety member and PERS of his
determination and if the determination of the City Manager denies in whole or
part any of the benefits sought in the application, the notice shall advise the
applicant of his right to appeal as hereinafter provided.
II1.
APPEALS.
Appeals of the decision of the City Manager shall be conducted by an
administrative law judge of the Office of Administrative Hearings pursuant to Chapter 5
(commencing with Section 11500) of Part I of Division 3 of the Government Code.
.......... o0o ..........
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ORIGINAL
I HEREBY CERTIFY that the foregoing Resolution was passed and_a_do_pt.ed by
the Council of the City of Bakersfield at a regular meeting thereof held on OCT Z0 2004,
by the following vote:
ABSTAIN:
ABSENT:
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
OCT 2 0 2004
APPROVED
HARVEY L. HALL
Mayor
CITY CLERK and Ex Offi~o Clerk of the
Council of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
CityAfforney
~.~:1~0 BEI~. SI~I~I~_ ~
Deputy City Attorney
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