Resolution No. 4869244
RESOLUTION NO. 4869
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REPEALING
RESOLUTION 4726 AND ADOPTING CERTAIN FINDINGS IN CONNECTION WITH
A CLAIM FOR DISABILITY RETIREMENT.
WHEREAS, the City of Cypress (hereinafter referred to as Agency) is a contracting
agency of the Public Employee's Retirement System;
WHEREAS, the Public Employees' Retirement Law requires that a contracting
Agency determine whether an employee of such agency in employment in which s/he is
classified as a local safety member is disabled for purposes of the Public Employees'
Retirement Law and whether such disability is "industrial" within the meaning of such Law;
and,
WHEREAS, the City Council is authorized under Section 21034 of the California
Government Code and Agency Resolution No. 3584 to delegate its authority and duty to
make such determinations to its City Manager and /or his designee, and finds that such
delegation is in the best interests of the City; and,
WHEREAS, the City Council delegates to the City Manager and /or his designee(s)
full authority on behalf of the City to make safety employee determinations under Section
21020 et. seq., California Government Code and Agency Resolution No. 3584, of disability,
whether such disability is industrial, and related determinations, and to certify such
determinations and all other necessary information to the Public Employees' Retirement
System and is further authorized and directed to promulgate such rules and procedures as
appropriate; and,
WHEREAS, Kathleen M. Tautkas has filed an application for disability retirement
with the Public Employees' Retirement System and received by the Public Employees'
Retirement System on March 19, 1996; and,
WHEREAS, this repeals Resolution No. 4726 denying the application for disability
retirement; and,
and,
WHEREAS, a medical record has been established; and,
WHEREAS, the last day on pay status for Kathleen M. Tautkas is July 26, 1995;
NOW, THEREFORE, BE IT RESOLVED that the City Manager of the Agency has
reviewed the medical reports and other evidence relevant to such alleged disability; and,
BE IT FURTHER RESOLVED AS FOLLOWS:
Section 1. That the City Manager of the Agency find and determine and it does
hereby find and determine that Kathleen M. Tautkas is incapacitated within the meaning of
the Public Employees' Retirement Law for performance of her duties in the position of
Police Officer;
Section 2. That the City Manager of the Agency does hereby find and determine
that such disability is a result of injury or disease arising out of and in the course of her
employment as a local safety member;
Section 3. That the City Manager of the Agency shall notify the Public Employees'
Retirement System that Kathleen M. Tautkas industrial disability retirement is and shall be
deemed to be effective as of March 1, 1996;
Section 4. That the City Manager of the Agency does hereby determine the type of
disability retirement to be industrial disability retirement;
Section 5. There is no possibility of third -party liability present;
Section 6. That the primary disabling condition is psychological and the member is
competent to act on her own behalf in legally binding retirement matters;
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Section 7. That the Agency will make advanced disability payments effective as of
December 1, 1997 in the amount of $1,983.13 per month. The reimbursement of which
should be mailed to the City of Cypress, 5275 Orange Avenue, Cypress, CA 90630,
Attention: Finance Director; and,
Section 8. The member's disabling condition did occur during the performance of
those portions of the member's duties which are particularly hazardous and dangerous.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the loth day of November, 1997.
MAYOR OF THE CITY OF CYP ESS
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA }
COUNTY OF ORANGE }
I, LILLIAN M. HAINA, City Clerk of the City of Cypress, DO HEREBY CERTIFY that
the foregoing Resolution was duly adopted at a regular meeting of the said City Council
held on the 10th day of November, 1997; by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bowman, Jones, Keenan, Piercy
NOES: 0 COUNCIL MEMBERS: None and Carroll
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS