Title
Adoption of Resolution for the Mayor’s Signature Reaffirming the Authority Previously Delegated to the City Manager, in Resolution No. 13135 Approved on September 7, 1999, to Make Application for Industrial Disability Retirement for Local Safety Members with the California Public Employment Retirement System. (Human Resources 2510)
Body
To: Honorable Mayor and Members of the City Council
From: Jill Keimach, City Manager
Re: Adoption of a Resolution for the Mayor’s Signature Reaffirming the Authority Previously Delegated to the City Manager, in Resolution No. 13135 Approved on September 7, 1999, to Make Application for Industrial Disability Retirement for Local Safety Members with the California Public Employment Retirement System
BACKGROUND
The City has an existing resolution No. 13135, which governs the process for industrial disability retirements (IDR) with the California Public Employees Retirement System (CalPERS). This Resolution, approved by City Council in 1999, delegated the authority to the City Manager or designee to approve IDRs for local safety members. While CalPERS has been processing IDRs approved by the City Manager or designee since 1999 new CalPERS regulations have required that agencies reaffirm the delegation with the signature of the Mayor being added to the resolution instead of the City Clerk, as is the practice in the City of Alameda.
DISCUSSION
In 1999, the City amended the process for industrial disability retirements (IDR). Resolution No. 13135 identifies the steps in the industrial disability retirement process and delegated the authority to the City Manager or their designee to make determinations of industrial disability retirements for local safety members.
In accordance with Government Code Section 21156, a local safety member is eligible for an IDR when the member is incapacitated from the performance of their duties as a result of an industrial disability. In order to prove entitlement to an IDR, the applicant bears the burden of showing that the CalPERS member (1) has a disability of permanent or extended and uncertain duration (six months or longer) based on a competent medical opinion, (2) the disability was caused by an injury or disease arising out of and in the course of the member’s employment, and (3) as a result of the disability, the member is substantially unable to perform his or her job duties.
The City was recently notified by CalPERS that they would no longer approve industrial disability retirements submitted by the City because Resolution No. 13135, which delegated authority to the City Manager or designee to make the determination of disability, was signed by the City Clerk and not the Mayor. All City resolutions are attested to by the City Clerk without issue and CalPERS has been approving IDRs for the City under the current resolution since 1999. However, CalPERS recently completed a review of resolutions related to IDRs and the City resolution was identified as not meeting the signature requirement for CalPERS. As a result of this notification, a new resolution signed by the Mayor must be submitted approving the delegation of authority to the City Manager or designee in order to meet the technical requirements of CalPERS.
FINANCIAL IMPACT
There is no financial impact from the re-adoption of the resolution. However, if the City is unable to process Industrial Disability Retirements, the City may be required to continue to pay 4850 or temporary disability pay to a safety member who has been medically identified as permanent and stationary and unable to perform the essential functions of their position until the City is able to process their retirement with CalPERS.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action is consistent with the Alameda Municipal Code.
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, pursuant to Guideline section 15378.
RECOMMENDATION
Adopt a resolution for the Mayor’s signature reaffirming the authority previously delegated to the City Manager, in Resolution No. 13135 approved on September 7, 1999, to make application for Industrial Disability Retirement for local safety members with the California Public Employment Retirement System.
Respectfully submitted,
Nancy Bronstein, Human Resources Director
Financial Impact section reviewed,
Elena Adair, Finance Director