Resolution No. 4924456
RESOLUTION NO. 4924
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS 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. sew., Califomia Govemment 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, Daryl M. Wicker has filed an application for disability retirement with the
Public Employees' Retirement System and received by the Public Employees' Retirement
System on February 23, 1998; and,
WHEREAS, a medical record has been established; and,
WHEREAS, the last day on pay status for Daryl M. Wicker is June 30, 1998; and,
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 Daryl M. Wicker is incapacitated within the meaning of the
Public Employees' Retirement Law for performance of his duties in the position of Police
Chief;
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 his
employment as a local safety member,
Section 3. That the City Manager of the Agency does hereby determine the type of
disability retirement to be industrial disability retirement;
Section 4. That the City Manager of the Agency shall notify the Public Employees'
Retirement System that Daryl M. Wicker's industrial disability retirement is and shall be
deemed to be effective as of July 1, 1998;
Section 5. There is no possibility of third -party liability present;
Section 6. That the primary disabling condition is cardiovascular and the member is
competent to act on his own behalf in legally binding retirement matters;
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 13th day of April, 1998.
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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 13th day of April, 1998; by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Bowman, Carroll, Piercy and Keenan
NOES: o COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Jones
CI CLERK OF THE CITY OF CYPRESS