Administrative
Report
H.22., File # 22-4704 Meeting Date: 9/6/2022
To: MAYOR AND CITY COUNCIL
From: DIANE STRICKFADEN, DIRECTOR OF HUMAN RESOURCES
TITLE
ADOPT BY TITLE ONLY RESOLUTION NO CC-2209-066, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF REDONDO BEACH ESTABLISHING A PROCEDURE FOR
INDUSTRIAL DISABILITY RETIREMENT DETERMINATIONS OF LOCAL SAFETY OFFICER EMPLOYEES OF THE PUBLIC EMPLOYEES’ RETIREMENT SYSTEM
APPROVE AN AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF GENERAL SERVICES / OFFICE OF ADMINISTRATIVE HEARINGS FOR AN AMOUNT NOT TO EXCEED $48,000
EXECUTIVE SUMMARY
The City contracts with the California Public Employees Retirement System (CalPERS) for retirement benefits for member employees. In some instances, members become disabled from continuing to perform the customary duties of their occupation, and can select a disability retirement before they achieve their normal retirement age. For public safety members, the City’s existing contract with CalPERS allows for an additional type of disability retirement called Industrial Disability Retirement (IDR). In certain circumstances, this provision allows a public safety member to retire before normal retirement age if found to be incapacitated due to a work-related injury or illness. CalPERS designates the City as the party required to make such eligibility determinations for IDRs, based on specific criteria outlined in the Government Code.
In some cases, the City may determine that a public safety member is not eligible for an IDR. In these situations, CalPERS requires that the City notify said applicant and provide a process for their appeal and how to request a hearing. Such hearings must conform with the Administrative Procedures Act, and be held using the State of California Office of Administrative Hearings (OAH).
Use of the OAH for such hearings will require approval of the attached CalPERS template resolution, as well as execution of a contract with the OAH. The OAH is a subdivision of the California Department of General Services.
BACKGROUND
For public safety members that may be eligible for an IDR, there are several criteria that need to be met before the City can make an eligibility determination. CalPERS requires that the City make the determination based upon competent medical opinion, along with other factors regarding the employee’s work record. In some cases, the City may not be able to approve an IDR for a certain employee, if all of the required criteria are not met. In those cases, CalPERS requires the City to notify the requesting employee, and provide an appeal process which is required to be conducted through the State of California OAH. The OAH is a subdivision of the California Department of
H.22., File # 22-4704 Meeting Date: 9/6/2022
through the State of California OAH. The OAH is a subdivision of the California Department of General Services.
In order to contract with OAH to conduct such hearings, CalPERS requires the attached Resolution be adopted by the member agency. Once the resolution is adopted, CalPERS requires the City to enter into the attached contract with the Department of General Services/OAH in order to select a hearing officer and conduct the appeal hearing. All hearings must be conducted in conformance with the Administrative Procedures Act.
The City currently has an appeal pending regarding an IDR that was not approved. Therefore, staff recommends that the City Council adopt the attached resolution and approve the agreement with the Department of General Services/OAH.
COORDINATION
The Human Resources Department coordinated with the City Attorney’s Office to prepare the attached Resolution and Agreement.
FISCAL IMPACT
Funding to conduct such hearings is available in the Human Resources Department FY 2022-23 budget.
APPROVED BY:
Mike Witzansky, City Manager
ATTACHMENTS
· Reso - Establishing a Procedure for IDR Determinations · Agmt - Department of General Services/OAH