Item 30 - CaIPERS Resolution Delegating Authority for the Disability and Industrial Disability Retirement Process

Home Browse Search

Human Resources www.santa-ana.org/hr Item # 30 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 5, 2022 TOPIC: CaIPERS Resolution Delegating Authority for the Disability and Industrial Disability Retirement Process AGENDA TITLE: Approve Amended and Restated Resolution to CaIPERS Delegating Authority to the City Determinations and Applications and Recognizing RECOMMENDED ACTION Update the Required Language from Manager for Disability Retirement an Appeal Process Adopt a resolution for an amendment to and restatement of Resolution No. 92-061 delegating authority to the City Manager to perform the necessary actions to effectuate the full Disability and Industrial Disability Retirement process for Miscellaneous and Local Safety Members. DISCUSSION On January 7, 1974, the City Council adopted Resolution No. 74-6, which delegated to the City Manager the authority to make determinations of disability on behalf of the City, whether such disability is industrial, and to certify such determinations and all other necessary information to the California Public Employees' Retirement System ("CaIPERS"). On December 17, 1985, the City adopted Resolution No. 85-157, which repealed Resolution No. 74-6 and delegated to the City Manager the authority to make determinations regarding disability retirements on behalf of the City and provided for an appeals process for an employee to appeal the City Manager's determination. On July 7, 1987, the City Council adopted Resolution No. 87-56, which amended Resolution No. 85-157 to provide the appeal would be at no cost to the City employee, repealing sections 3-6 of Resolution No. 85-157 (describing said costs). On April 3, 1992, the City adopted Resolution No. 92-061, delegating authority to the City Manager to make disability retirement determinations and providing for the appeal hearing of any local safety member before an administrative law judge instead of the City Council. CaIPERS has determined that the current resolution (Resolution 92-061) does not include the required language authorizing the City Manager perform the necessary actions to effectuate the full Disability Retirement process, specifically, to sign Employer -Originated Disability ("ERO") applications, which is necessary under the Government Code. For the City to be in compliance, it would be necessary for the current resolution to be updated