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RESOLUTION 2022-025 <br />A RESOLUTION OF THE SANTA ANA CITY COUNCIL <br />AMENDING AND RESTATING RESOLUTION 92-061 <br />PROVIDING FOR DELEGATION OF AUTHORITY TO <br />THE CITY MANAGER TO PERFORM NECESSARY <br />ACTIONS TO APPLY FOR DISABILITYAND INDUSTRIAL <br />DISABILITY RETIRMENTS FOR MISCELLANEOUS AND <br />LOCAL SAFETY MEMBERS PURSUANT TO <br />GOVERNMENT CODE SECTION 21173 <br />WHEREAS, the City of Santa Ana is a contracting agency of the California Public <br />Employees' Retirement System ("CaIPERS"); and <br />WHEREAS, the Public Employees' Retirement Law requires that a contracting <br />agency determine whether an employee of such agency in employment in which he/she <br />is classified as a local safety member is disabled for purposes of the Public Employees' <br />Retirement Law and such disability is "industrial" within the meaning of such Law; and <br />WHEREAS, on December 17, 1985, the Santa Ana City Council approved <br />Resolution No. 85-157, delegating to the City Manager the authority or duty to make <br />CaIPERS disability retirement determinations and the right to appeal the City Manager's <br />determination to the City Council; <br />WHEREAS, on July 7, 1987, the Santa Ana City Council approved Resolution No. <br />87-56 amending Resolution No. 85-157 to provide that the appeal would be at no cost for <br />the City employee and repealing sections 3-6 of Resolution No. 85-157; and <br />WHEREAS, on June 15, 1992, the Santa Ana City Council approved Resolution <br />No. 92-061 delegating authority to the City Manager to make disability retirement <br />determinations and modifying the appeal procedures for local safety members of <br />CaIPERS to conform with changes in the law that required that any appeal hearing be <br />conducted by an administrative law judge; and <br />WHEREAS, the Santa Ana City Council has determined upon legal advice that it <br />may delegate authority under Government Code section 21173 to make determinations <br />whether an employee of the City of Santa Ana classified as a local safety member is <br />disabled for purposes of the Public Employees' Retirement Law and whether such <br />disability is "industrial" within the meaning of such Law to the City Manager; and <br />WHEREAS, the Santa Ana City Council has determined that it is necessary to <br />amend and restate Resolution No. 92-061 to summarize the delegation of authority to the <br />City Manager, which includes the authority to perform all necessary actions to effectuate <br />the full disability and industrial disability process for City employees that are <br />miscellaneous and local safety members of CaIPERS; <br />Resolution No. 2022-025 <br />Page 1 of 3 <br />