HomeMy WebLinkAboutRES NO 97-73
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RESOLUTION NO.
97-73
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD DETERMINING DISABILITY OF LAZARUS P.
BECK UNDER SECTION 21023.6 OF THE GOVERNMENT
CODE, A SECTION OF THE PUBLIC EMPLOYEES' RETIRE-
MENT LAW OF THE STATE OF CALIFORNIA.
WHEREAS, on October 2, 1973, Senate Bill 286, an urgency
bill, was signed by the Governor, was chaptered as 1149, and added
Section 21023.6 to the Public Employees' Retirement Law, and
became effective immediately; and
WHEREAS, with the adoption of Section 21023.6, the PERS
no longer determines the disability retirement of a local safety
member but such determination must be made by the employer; and
WHEREAS, at this particular time the City Council of
the City of Bakersfield has not delegated the authority to make
disability determinations to any official or other person or body
and desires in the case of Lazarus P. Beck to make such determina-
tion itself; and
WHEREAS, the City of Bakersfield is a contracting agency
. of the Public Employees' Retirement System; and
WHEREAS, the Public Employees' Retirement Law, as afore-
said, requires that a contracting agency determine whether an
employee of such agency in employment in which he is classified
as a local safety member is disabled for purposes of the law and
whether such disability is "industrial," i.e. disability as a
result of injury or disease arising out of and in the course of
employment as a local safety member; and
WHEREAS, an application for disability retirement of
Lazarus P. Beck employed by the City of Bakersfield in the position
of Fire Captain has been filed with the Public Employees' Retire-
ment System; and
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WHEREAS, the City Council has reviewed the medical and
other evidence relevant to such alleged disability.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. That the City Council of the City of Bakersfield
does hereby find and determine upon medical evidence that Lazarus P.
Beck is incapacitated within the meaning of the Public Employees'
Retirement Law for performance of his duties in the position of
Fire Captain.
2. That the City Council does hereby find and determine
that such disability is a result of injury or disease; viz: back
injury arising out of and in the course of employment and neither
said Lazarus P. Beck nor the City of Bakersfield has applied to
the Workmen's Compensation Appeals Board for a determination
pursuant to Section 21023.6 whether such disability is industrial.
3. That Lazarus P. Beck was separated from his employ-
ment in the position of Fire Captain after expiration of his leave
rights under Sections 21025.2 and 21025.5, Government Code, effective
April 15, 1973, and that no dispute as to the expiration of such
leave rights is pending.
4. That the retirement of Lazarus P. Beck is effective
as of May 1, 1973.
5. That a certified copy of this Resolution be trans-
mitted immediately to the Public Employees' Retirement System at
1416 Ninth Street, Sacramento, California, in order that said
Lazarus P. Beck may be placed on the allowance roll at the earliest
possible time.
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2.
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I HEREBY CERTIFY that the foregoing Resolution was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on the 12th day of November, 1973.
AYES: COUNCilMEN BLEECKER, HEISEY, MEDDERS, ROGERS, STRONG, THOMAS, WHITTEMORE
NOES: COUNCILMEN: YJ ~
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ABSWT COUNCILMEN: YJ ~
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ABSTAINING COUNCILMEN: /} l>-MA
ciW-crl'Ri ~~d' ~fh-i^ck~k of
Council of the City of Bakersfield
the
1973
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APPROVED as to form:
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CITY TTORNEY 0 t eljCity of Bakersfield