City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Marie Guillory Jones, Director of Human Resources
MEETING DATE: July 19, 2022
ITEM NO: 5.7
SUBJECT: Approve Resolution No. 2022-54 Delegating Authority for California Public Employee Retirement System (CalPERS) Employer Initiated Disability Retirement to the City Manager or designee, pursuant to Government Code Sections 21173.
RECOMMENDATION
Motion to Approve Resolution No. 2022-54 Delegating Authority for California Public Employee Retirement System (CalPERS) Employer Initiated Disability Retirement to the City Manager or designee, pursuant to Government Code Sections 21173.
BACKGROUND
The City of Patterson is a contracting agency with CalPERS. When there is a need to submit a disability retirement to CalPERS, the Public Employees’ Retirement Law (PERL) requires a contracting agency to determine whether a local safety member employee is disabled for the purposes of the Public Employees’ Retirement Law and whether the disability is considered “industrial.” The governing body must delegate authority to an office or position of the agency to make that determination and file an Employer Originated Disability Retirement Application on behalf the agency and employee.
ANALYSIS
There are times when employees with an industrial injury or illness, who by the nature of the injury or illness, are not able to return to their position or another alternate position. In this situation, Government Code sections 21153 and 31721 require PERS agencies to apply for a disability retirement on the employee’s behalf.
Government Code section 21173 allows the governing body of a contracting agency to delegate any authority or duty conferred or imposed to a subordinate officer, subject to conditions it may impose. Staff requests consideration of a Resolution designating the authority in the determination of disability retirements for safety employees.
FISCAL IMPACT
There are no fiscal impacts associated with this action.