HomeMy WebLinkAboutResolution No. 4428 - Delegating Authority to CM to make Determinations and Submit Applications for Retirement under Publi Employees' Retirment Law RESOLUTION NO. 4428
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DELEGATING AUTHORITY TO THE CITY MANAGER TO MAKE
DETERMINATIONS AND SUBMIT APPLICATIONS FOR RETIREMENT
UNDER THE PUBLIC EMPLOYEES' RETIREMENT LAW, AND
RESCINDING RESOLUTIONS NO. 2917, 3131 AND 3293.
WHEREAS, the City Council of the City of Downey is a contracting agency
of the Public Employees' Retirement System; and
WHEREAS, the Public Employees' Retirement Law requires that a contracting
agency determine whether an employee of such agency classified as a local
safety member is disabled for purposes of the Public Employees' Retirement Law
and whether such disability is "industrial" within the meaning of such Law;
and
WHEREAS, the City Council of the City of Downey has previously determined
in Resolutions No. 2917 (1974), 3131 (1975) and 3293 (1976) to delegate
authority to make such determinations to the incumbent in the office of the
City Manager of the City of Downey; and
WHEREAS, Public Employees' Retirement Law provides that a contracting
agency may make application to the Public Employees' Retirement System board
for retirement of local miscellaneous members for disability; and
WHEREAS, under Section 604 of the Downey City Charter, the City Manager
is granted the power to administer the personnel system; and
WHEREAS, the City Council of the City of Downey desires to officially
delegate authority to the City Manager to make application to the Public
Employees' Retirement System board for retirement of local miscellaneous
members for disability.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS
FOLLOWS:
SECTION 1. That it hereby reaffirms its delegation to the incumbent of
the office of the City Manager the authority to make determinations of
disability for employees in local safety member classifications under Sections
21024 and 21025 of the Government Code, on behalf of the City of Downey, and
to determine whether such disability is industrial; and to certify such
determinations and all other information to the Public Employees' Retirement
System; and provided, however, unless circumstances make it unreasonable to do
so, the City Manager shall first receive a report and recommendation from the
Personnel Advisory Board.
SECTION 2. That such incumbent continue to be authorized to make
application on behalf of the City of Downey for disability retirement of
employees in local safety member classifications, and to initiate requests for
reinstatement of such employees who are retired for disability.
SECTION 3. That such incumbent is authorized to make applications on
behalf of the City of Downey for disability retirement of employees in local
miscellaneous member classifications.
SECTION 4. That Resolutions No. 2917, 3131 and 3293 are hereby
rescinded.
SECTION 4. The City Clerk shall certify to ther adoption of this
resolution and provide for the appropriate distribution thereof.
APPROVED AND ADOPTED this 24th day of July , 1984.
_
v e _ '� -C.L.
°ayor Randall R. Barb
RESOLUTION NO. 4428
Page 2
ATTEST:
City Clerk
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
City Council of the City of Downey at a regular meeting thereof held on
the 24th day of July , 1984, by the following vote, to wit:
AYES: 5 Council Members: Davila, Santangelo, Boggs, Cormack, Barb
NOES: 0 Council Members: None
ABSENT: 0 Council Members: None
A F a
Fr m e
City Clerk