2004 AGN JUL 06 I05 - Laserfiche WebLink

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Item #5 CITY OF COLTON AGENDA REPORT FOR COUNCIL MEETING OF JULY 6, 2004 TO: HONORABLE MAYOR AND CITY COUNCIL 4J APPROVAL: Teresa S. Delgado, Human Resources Manager " FROM: Blanca Arambula, Administrative Analyst I SUBJECT: Approve and Adopt A Delegation of Authority Resolution for the California Public Employees' Retirement System DATE: June 23, 2004 BACKGROUND: At a recent California Public Employees' Retirement System workshop, it was emphasized that employers commonly do not exercise the right to submit disability retirement on behalf of its employees. Application for disability, or industrial disability, retirement may be made on behalf of an employee by a duly authorized official [GC 21152 (c)] of the employing agency. Failure to submit a disability retirement application on behalf of an employee can result in the employers' inability to fill a vacant position. A position can be frozen for months maybe even years until the issue is resolved. In addition, employees are not notified of their right to apply for disability retirement. Agency staff stressed that as soon as it is determined an employee/member is unable to perform the job because of a protracted illness or injury which is expected to be permanent or last longer than six months, the member or someone on the member's behalf, should submit an application for disability retirement. The medical condition does not have to be "permanent and stationary" under Workers' Compensation. The application will not interfere with any ongoing Workers' Compensation claim. The injury or illness causing the incapacity does not have to be job-related. DISCUSSION/ANALYSIS: Pursuant to Government Code Section 21153, "...an employer may not separate because of disability a member otherwise eligible to retire for disability but shall apply for disability retirement of any member believed to be disabled,...". The employer must apply for the disability retirement of an employee unless the employee waives the right to retire for disability and elects to either withdraw applicable contributions or leave them in the fund for a future service retirement. To submit employer originated disability applications on behalf of its employees, each contracting agency under the California Public Employees' Retirement System must adopt a formal resolution identifying the officer of the agency who is authorized to submit disability retirement applications on behalf of all employees. Currently the California Public Employees' Retirement System has a letter dated in 1975 that delegates authority to the City Manager or Assistant City Manager. However, the agency has requested that the City update the information by submitting a formal resolution.