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RESOLUTION 2022-XXX <br />A RESOLUTION OF THE SANTA ANA CITY COUNCIL AMENDING AND RESTATING <br />RESOLUTION 92-061 PROVIDING FOR DELEGATION OF AUTHORITY TO THE CITY <br />MANAGER TO PERFORM NECESSARY ACTIONS TO APPLY FOR DISABILITY AND <br />INDUSTRIAL DISABILITY RETIRMENTS FOR MISCELLANEOUS AND LOCAL SAFETY <br />MEMBERS PURSUANT TO 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 agency <br />determine whether an employee of such agency in employment in which he/she is classified as <br />a local safety member is disabled for purposes of the Public Employees' Retirement Law and <br />such disability is "industrial" within the meaning of such Law; and <br />WHEREAS, on December 17, 1985, the Santa Ana City Council approved Resolution No. <br />85-157, delegating to the City Manager the authority or duty to make CaIPERS disability <br />retirement determinations and the right to appeal the City Manager's determination to the City <br />Council; <br />WHEREAS, on July 7, 1987, the Santa Ana City Council approved Resolution No. 87-56 <br />amending Resolution No. 85-157 to provide that the appeal would be at no cost for the City <br />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 No. 92- <br />061 delegating authority to the City Manager to make disability retirement determinations and <br />modifying the appeal procedures for local safety members of CaIPERS to conform with changes <br />in the law that required that any appeal hearing be conducted by an administrative law judge; and <br />WHEREAS, the Santa Ana City Council has determined upon legal advice that it may <br />delegate authority under Government Code section 21173 to make determinations whether an <br />employee of the City of Santa Ana classified as a local safety member is disabled for purposes <br />of the Public Employees' Retirement Law and whether such disability is "industrial" within the <br />meaning of such Law to the City Manager; and <br />WHEREAS, the Santa Ana City Council has determined that it is necessary to amend and <br />restate Resolution No. 92-061 to summarize the delegation of authority to the City Manager, <br />which includes the authority to perform all necessary actions to effectuate the full disability and <br />industrial disability process for City employees that are miscellaneous and local safety members <br />of CaIPERS; <br />Resolution No. 2022-XXX <br />Page 1 of 2 <br />