RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA, OF DETERMINATION OF INDUSTRIAL DISABILITY OF A LOCAL SAFETY MEMBER (GOVERNMENT CODE SECTION 21156).
WHEREAS, the City Council of the City of Rialto (City) is a contracting agency of the California Public Employees’ Retirement System (CalPERS); WHEREAS, the California Public Employees’ Retirement Law requires that a contracting agency determine whether an employee of such agency in employment in which they are classified as a local safety member is disabled for purpose of the California Public Employees’ Retirement Law and whether such disability is "industrial" within the meaning of such law; WHEREAS, an application for industrial disability retirement of orthopedic conditions from Angela L. Licurse employed by the City in the position of Fire Engineer has been filed with CalPERS; and WHEREAS, the City Council has reviewed the medical and other evidence relevant to such alleged disability.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby find and determine that Angela L. Licurse is incapacitated within the meaning of the California Public Employees’ Retirement Law for purpose of her duties in the position of Fire Engineer for orthopedic conditions 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. Angela L. Licurse had filed Workers’ Compensation claims for her disabling conditions. The Workers’ Compensation claims were accepted.
BE IT FURTHER RESOLVED that the City Council does hereby find and determine that such disability is arising out of and in the course of employment.
BE IT FURTHER RESOLVED that the member has separated from her employment in the position of Fire Engineer effective December 31, 2021. Her last day on pay status was December 30, 2021.
There is not a possibility of third-party liability.
Advanced Disability Pension Payments will not be made.
The primary disabling conditions are orthopedic.
The duration of the disabling condition is expected to be permanent PASSED, APPROVED, AND ADOPTED this __________day of __________, 2022. __________________________________
DEBORAH ROBERTSON, Mayor
ATTEST:
_______________________________________
BARBARA A. McGEE, City Clerk
APPROVED AS TO FORM:
___________________________________
ERIC VAIL, City Attorney
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RIALTO )
I, Barbara A. McGee, City Clerk of the City of Rialto, do hereby certify that the foregoing Resolution No. __________ was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the ________ day of _____________________, 2022.
Upon motion of Council Member ___________________, seconded by Council Member ___________________, the foregoing Resolution No. _________ was duly passed and adopted.
Vote on the Motion:
AYES:
NOES:
ABSTAIN:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto, this _____ day of _______________, 2022. ____________________________________
Barbara A. McGee, City Clerk
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