Resolution No. 453742
RESOLUTION NO. 4537
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 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 the 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, Christopher J. LaCascia has filed an application for disability retirement
with the Public Employees' Retirement System; and,
WHEREAS, a medical record has been established; 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 Christopher J. LaCascia is incapacitated within the meaning
of the Public Employees' Retirement Law for performance of his duties in the position of
Police Officer; and,
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 employment;
and,
Section 3. That the City Manager of the Agency shall notify the Public Employees'
Retirement System that Christopher J. LaCascia's industrial disability retirement is and shall
be deemed to be effective as of September 1, 1995; and,
Section 4. That the City Manager of the Agency does hereby determine the type of
disability retirement to be: industrial disability retirement; and,
Section 5. There is no possibility of third -party liability present; and,
Section 6. That the primary disabling condition is internal and psychological; and,
Section 7. That the Agency will make advanced disability payments effective as of
September 1, 1995 in the amount of $2001.00 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 disability was due to continuous trauma from the hazardous portions
of duty. The disability is not due to a direct act perpetrated against the employee.
PASSED AND ADOPTED by the City Council of the City of Cypress
at a regular meeting held on the 25th day of September 1995.
ATTEST:
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CITY ERK‘411,4Y OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
YOR OF THE CITY OF 'YPRESS
I, DARRELL ESSEX, 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 25th day of September
1995; by the following roll call vote:
AYES: 5 COUNCIL MEMBERS:
NOES: 0 COUNCIL MEMBERS:
ABSENT: 0 COUNCIL MEMBERS:
Bowman, Carroll, Jones,
Kerry and Age
None
None
IPRKIF41 CITY Q'
TY OF CYPRESS
43