RESOLUTION R2023-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MANTECA, STATE OF CALIFORNIA, AUTHORIZING A CORRECTION TO THE INDUSTRIAL DISABILITY RETIREMENT BENEFIT ON BEHALF OF POLICE OFFICER ELLIOTT EICHEL WHEREAS, the City of Manteca (hereinafter referred to as Agency) is a contracting agency of the Public Employee’s Retirement System; and WHEREAS, the Public Employee’s 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 Employee’s Retirement Law and whether such disability is “industrial” within the meaning of such Law; and WHEREAS, an application for industrial disability retirement of Elliott Eichel (CID #5353560961) employed by the Agency in the position of Police Officer has been filed with CalPERS; and WHEREAS, the City Council has reviewed the medical and other evidence relevant to such alleged disability; and WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City Staff, and any information provided during public meetings.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Manteca, as follows:
1. The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct, and establish the factual basis for the City Council’s adoption of this Resolution.
2. That the City Council finds and determines that Elliott Eichel is incapacitated within the meaning of the Public Employees’ Retirement Law for performance of his duties in the position of Police Officer and does hereby certify under penalty of perjury that this determination was made on the basis of competent medical opinion and was not used as a substitute for the disciplinary process in accordance with Government Code section 21156(a)(2). If the disciplinary process occurred before the member’s separation from employment, all relevant personnel documents were forwarded to CalPERS for determination of the member’s eligibility for disability retirement and CalPERS’ determination that the member is eligible to apply for disability retirement was obtained prior to starting the process of determination; and
3. Elliott Eichel has filed a Workers’ Compensation claim for his disabling condition. The Workers’ Compensation claim was accepted.
NOW, THEREFORE, BE IT FURTHER RESOLVED, by the City Council of the City of Manteca, as follows:
1. That the City Council find and determine and it does hereby find and determine that such disability is disease arising out of and in the course of employment; and
2. Neither said Elliott Eichel nor the Agency, City of Manteca, has applied to the Workers’ Compensation Appeals Board for a determination pursuant to Government Code section 21166 whether such disability industrial; and
3. That the member will be separated from his employment in the position of Police Officer December 30, 2022 and that no dispute as to the expiration of such leave rights is pending; and
4. There is not a possibility of third party liability; and
5. Advanced Disability Pension Payments will be made. The payments are being made monthly in the amount of $5,155.12 beginning January 1, 2023; and
6. The primary disabling condition is bilateral knees; and
7. The duration of the disabling condition is expected to be permanent which is certified by competent medical opinion.
8. This Resolution shall take effect on the effective date immediately.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Manteca at a public meeting of said City Council held on the 4th day of April, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR: _______________________________
GARY SINGH
Mayor
ATTEST: ________________________
CASSANDRA CANDINI-TILTON
City Clerk
R2023-XX Page PAGE 2 of NUMPAGES 3 April 4, 2023
ATTACHMENT 1
R2023-XX Page PAGE 1 of NUMPAGES 3 April 4, 2023