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HomeMy WebLinkAboutItem 30 - CaIPERS Resolution Delegating Authority for the Disability and Industrial Disability Retirement ProcessHuman 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 On December 17, 1985, the City adopted Resolution No. 85-157, which repealed Resolution No. 74-6 and delegated to the City Manager the authority to make determinations regarding disability retirements on behalf of the City and provided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 CalPERS Resolution Delegating Authority for the Disability and Industrial Disability Retirement Process April 5, 2022 Page 2 and approved by the City Council, with a copy of the executed document to be submitted to CalPERS. Government Code § 21153 states, "Notwithstanding any other provision of law, an employer may not separate because of disability a member otherwise eligible to retire for disability but shall apply for disability retirement of any member believed to be disabled, unless the member waives the right to retire for disability and elects to withdraw contributions or to permit contributions to remain in the fund with rights to service retirement as provided in Section 20731." The California Public Employees' Retirement System Public Agency & Schools Reference Guide, January 2022 edition, provides further instruction for contracting agencies: As soon as it is believed the CaIPERS member is unable to perform the job because of an illness or injury, which is expected to be permanent, or last at least 12 consecutive months or will result in death as determined based on competent medical opinion, application for Disability Retirement or Industrial Disability Retirement should be submitted by either the member or on the member's behalf. The medical condition does not have to be "permanent and stationary" under Workers' Compensation to submit the application (Gov. Code sections 21153 and 21252). Therefore, for the good and efficient order of operations, staff recommends approval of the 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. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Resolution 2. Resolution 92-061 Submitted By: Jason Motsick, Executive Dir Human Resources Approved By: Kristine Ridge, City Manager RESOLUTION 2022-XXX A RESOLUTION OF THE SANTA ANA CITY COUNCIL AMENDING AND RESTATING RESOLUTION 92-061 PROVIDING FOR DELEGATION OF AUTHORITY TO THE CITY MANAGER TO PERFORM NECESSARY ACTIONS TO APPLY FOR DISABILITY AND INDUSTRIAL DISABILITY RETIRMENTS FOR MISCELLANEOUS AND LOCAL SAFETY MEMBERS PURSUANT TO GOVERNMENT CODE SECTION 21173 WHEREAS, the City of Santa Ana is a contracting agency of the California Public Employees' Retirement System ("CaIPERS"); and WHEREAS, the Public Employees' Retirement Law requires that a contracting agency determine whether an employee of such agency in employment in which he/she is classified as a local safety member is disabled for purposes of the Public Employees' Retirement Law and such disability is "industrial" within the meaning of such Law; and WHEREAS, on December 17, 1985, the Santa Ana City Council approved Resolution No. 85-157, delegating to the City Manager the authority or duty to make CaIPERS disability retirement determinations and the right to appeal the City Manager's determination to the City Council; WHEREAS, on July 7, 1987, the Santa Ana City Council approved Resolution No. 87-56 amending Resolution No. 85-157 to provide that the appeal would be at no cost for the City employee and repealing sections 3-6 of Resolution No. 85-157; and WHEREAS, on June 15, 1992, the Santa Ana City Council approved Resolution No. 92- 061 delegating authority to the City Manager to make disability retirement determinations and modifying the appeal procedures for local safety members of CaIPERS to conform with changes in the law that required that any appeal hearing be conducted by an administrative law judge; and WHEREAS, the Santa Ana City Council has determined upon legal advice that it may delegate authority under Government Code section 21173 to make determinations whether an employee of the City of Santa Ana 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 to the City Manager; and WHEREAS, the Santa Ana City Council has determined that it is necessary to amend and restate Resolution No. 92-061 to summarize the delegation of authority to the City Manager, which includes the authority to perform all necessary actions to effectuate the full disability and industrial disability process for City employees that are miscellaneous and local safety members of CaIPERS; Resolution No. 2022-XXX Page 1 of 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana, that: Section 1. The Santa Ana City Council delegates to the City Manager the authority to make application on behalf of the City of Santa Ana pursuant to Government Code section 21152(c) for disability retirement of all employees and to initiate requests for reinstatement of such employees who are retired for disability. Section 2. The Santa Ana City Council delegates to the City Manager the authority to make determinations of disability on behalf of the City of Santa Ana under Government Code 21156 and whether such disability is industrial and to certify such determinations and all other necessary information to CalPERS. Section 3. A local safety member of CalPERS may appeal the determination by the City Manager regarding whether the local safety member is or is not incapacitated for purposes of eligibility to retire for disability. Appeal hearings shall be conducted by an administrative law judge of the Office of Administrative Hearings pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of April, 2022. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By:'l a', A. �." /Y\- X- Laura A. Rossini Chief Assistant City Attorney Resolution No. 2022-XXX Page 2 of 3 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana m Date: Resolution No. 2022-XXX Page 3 of 3 WIWAV•A Clerk of the Council City of Santa Ana 0119 4/3/92 . • 04 00yZW 11160, 92-061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DELEGATING AUTHORITY TO THE CITY MANAGER TO MAKE DISABILITY RETIREMENT DETERMINATIONS AND PROVIDING FOR APPEAL PROCEDURES FOR LOCAL SAFETY MEMBERS OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM WHEREAS, the City of Santa Ana (hereinafter referred to as "Agency") is a contracting agency of the Public Employees' Retirement System ("PERS"); and WHEREAS, Government Code Section 21034 provides that the governing body of a contracting agency may delegate authority or duty imposed or conferred by Title 2, Division 5, Part 3, Chapter 5, Article 3 of the Government Code (commencing with Section 21020) to a subordinate officer subject to such conditions as may be imposed; and WHEREAS, on December 17, 1985, the City Council passed and adopted Resolution No. 85-157, delegating to the City Manager in Section 1 of said Resolution the authority or duty to make PERS. disability retirement determinations as that duty is conferred on the City Council by Title 2, Division 5, Part 3, Chapter 5, Article 3 of the Government Code (commencing with Section 21020) pursuant to Section 21034 of the Government Code; and WHEREAS, Section 2 of Resolution No. 85-157, as amended by Resolution No. 87-56, passed and adopted by the City Council on July 7, 1987, provided for an appeal of the City Manager's decision to the City Council; and WHEREAS, Government Code Section 21025 was amended, effective January 1, 1992 (Stats. of 1991, Ch. 1159) to require contracting agencies to conduct a hearing in accordance with the Administrative Procedures Act, Title 2, Division 3, Part 1, Chapter 5 of the Government Code (commencing with Section 11500) when a local safety member of PERS appeals the decision of the contracting agency; and WHEREAS, the City Council of the City of Santa Ana now desires to conform to the amended version of Government Code section 21025 and to set forth the procedure for appeal of a determination by the City Manager of the disability retirement of the City's local safety members of PERS. on, RESOLUTION NO. 92-061 PAGE 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. The City Council does hereby delegate to the City Manager the authority or duty conferred on the governing body by Title 2, Division 5, Part 3, Chapter 5, Article 3 of the Government Code (commencing with Section 21020) pursuant to Section 21034 of the Government Code to make the initial determination of the entitlement of a local safety member of PERS to disability retirement. 2. The authority so delegated to the City Manager may be exercised by any officer of the City deputized to exercise any and all authority granted to the office of the City Manager by charter and ordinances of the City of Santa Ana, by Resolution No. 90-109, or by any resolution or agreement superseding Resolution No. 90- 109. 3. The appeal of any local safety member of PERS who has received an adverse determination by the City Manager of his/her disability retirement shall be conducted by an administrative law judge of the Office of Administrative Hearings pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. ADOPTED this 15th day of June 199-2-. ATTEST: DanH. Young Mayor 1 nice C. Guy Clerk of the Council COUNCILMEMBERS: Young Aye Pulido Aye Acosta dye Griset Aye McGuigan use Norton AYP_ Richardson Alp APPROVED AS TO FORM: Edwa oo er City Attorney CERTIFICATE OF ORIGINALITY State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution 9a7- of to be the original resolution adopted by the City Council of the City of Santa Ana on (v `/-r-92L r, rk the Council, Date y of Santa Ana