HomeMy WebLinkAboutReso 2008-182 - Retirement Claims process
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RESOLUTION NO. 2008 - 182
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING AMENDMENTS TO THE INDUSTRIAL DISABILITY
RETIREMENT CLAIMS PROCESS FOR SAFETY OFFICERS, TO
COMPLY WITH CalPERS LAW.
WHEREAS, staff recommends that following the filing of an application for Industrial
Disability Retirement by a local safety officer under the California Public Employees Retirement
System (CaIPERS), the following procedures shall be employed: .
I. An initial determination shall be made by the City of Redding upon receipt of written
argument, medical reports, medical records and further available evidence offered by either
the Applicant or the City to determine whether the Applicant is incapacitated from the
performance of his or her job duties and whether said incapacity is the direct result of an
industrial injury arising out of and occurring in the course and scope of his or her
employment. The determination shall be made within six months of the date of the receipt
by the City from CalPERS unless this time requirement is waived in writing by the
Applicant. The determination shall be made by the incumbent City Manager or his
designee, as designated by the City Council.
A. If it is determined by the City that the Applicant is incapacitated, and the incapacity
is the direct result of industrial injury occurring in the course and scope of his or
her employment, the City Manager or his designee, will so certify to CaIPERS.
B. If it is determined that the Applicant is incapacitated, but that the cause of the
incapacity is non-industrial, the City Manager or his designee, will so certify to
CaIPERS.
C. If it is determined that the Applicant is incapacitated, and Applicant intends that the
cause of the incapacity is the direct result of an industrial injury occurring within
the course and scope of his or her employment, either Applicant or the City may
petition the Workers' Compensation Appeals Board (WCAB) for a Finding of Fact
to determine causation. If the Workers' Compensation Appeals Board (WCAB)
determines that the cause of the incapacity is the direct result of an industrial injury
occurring during the course and scope of his or her employment, or non-industrial,
the City will so certify to Cal PERS.
D. If the City determines that the Applicant is not incapacitated from the performance
of his or her job duties, the City shall notify the Applicant and CalPERS of this
determination. The City shall notify the Applicant by certified mail (return receipt
requested) or by personal service, of his or her right to appeal their decision and
request a hearing within thirty days of receipt of the notice.
2.
If the Applicant requests a Hearing, the Hearing shall be held in conformity with the
Administrative Procedure Act. When the Applicant requests a Hearing, the City shall
notify CaIPERS. The City will also notify the Office of Administrative Hearings and
request a Pre-Hearing Conference with an Administrative Law Judge and a hearing date.
The Applicant will be informed that the hearing date will be held at the time and place
designated by the Office of Administrative Hearings which shall set a Pre-Hearing
Conference Date and a Hearing Date.
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The Hearing shall be conducted before the City of Redding City Council, with an Administrative
Law Judge acting as the presiding officer.
An administrative record shall be generated at the Hearing pursuant to the Administrative
Procedure Act. All testimony shall be recorded by a Certified Shorthand Reporter.
Following the Hearing a Decision and Findings of Fact shall be made by the Redding City
Council. The Decision and Findings of Fact shall be served on the Applicant by Certified Mail
(return receipt requested) or by personal service. Applicant shall also be advised of his or her
appeal rights as follows:
A. On the issue of incapacity, Applicant shall also be informed of his or her right to file a
Petition for Writ of Mandate pursuant to CCP Code 1094.5 with the Superior Court, within
the prescribed time as set forth in CCP Code 1094.6.
8. On the issue of industrial causation, where there has been no prior final determination by
the Workers Compensation Appeals Board, Applicant may file a Petition for Findings of
Fact pursuant to the provisions of Government Code 21166 with the Workers'
Compensation Appeals Board within the time limits prescribed in CCP Code 1094.6.
WHEREAS, the City Council deems it to be in the best interest of the City to adopt such
recommendation;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council that the Industrial
Disability Retirement Claims Process be amended as outlined above.
I HEREBY CERTIFY that the foregoing Resolution was introduced, read, and adopted at a
regular meeting of the City Council of the City of Redding on the IS1h day of November, 200S, by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Bosetti, Dickerson, Jones, and Stegall
None
Murray
None
ATTEST: .)
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FORM APPROVED:
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CONNIE STROHMAY
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Clerk
, City Attorney
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