HomeMy WebLinkAboutCity Council - 2023-57 RESOLUTION NO. 2023-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AUTHORIZING THE CITY MANAGER TO
SUBMIT DISABILITY APPLICATIONS FOR ALL MEMBERS OF THE
PUBLIC EMPLOYEES RETIREMENT SYSTEM AND MAKE
DETERMINATIONS OF DISABILITY FOR LOCAL SAFETY MEMBERS
WHEREAS, the City of Huntington Beach (herein referred to as "Agency") is a
contracting agency of the California Public Employees' Retirement System; and
WHEREAS, on June 20, 2016, by Resolution No. 2016-43, the City Council authorized
the Risk Manager to submit applications and make determinations of disability and whether such
disability is Industrial to the California Public Employees Retirement System (CalPERS); and
WHEREAS, Government Code Section 21152(c) allows the City Council or its designee
to make applications on behalf of the Agency for disability retirement of all members, and to
initiate requests for reinstatement of such employees who are retired for disability; and
WHEREAS, Government Code Section 21156 requires that the governing body of the
Agency determine whether 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;
WHEREAS, pursuant to Government Code Section 21173, the City Council, as the
governing body of the Agency, may delegate its authority to make such disability determinations
for safety members to a subordinate officer; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington
Beach as follows:
SECTION 1. The City Council does hereby delegate to the incumbent of the
office/position of City Manager the authority to make applications on behalf of the Agency
pursuant to Government Code Section 21152(c) for disability retirement of all members and to
initiate requests for reinstatement of such employees who are retired for disability.
SECTION 2. The City Council does hereby delegate to the incumbent of the
office/position of City Manager the authority to make determinations of local safety member
disability on behalf of the Agency under Government Code Section 21156, whether such
disability is industrial, and to certify such determinations and all other necessary information to
the California Public Employees' Retirement System.
SECTION 3. Resolution No. 2016-430 is hereby repealed.
RESOLUTION NO. 2023-57
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 7th day of November , 2023.
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Mayor
ATTEST: APPROVED AS TO FORM:
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City Clerk City Attorney
REVIEWED • . D A' 'ROVED: INITIATED AND APPROVED:
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ay-To ager / Director of Human Resources
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23-13663/321964
Res. No. 2023-57
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on November 7, 2023 by the following vote:
AYES: Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, Burns
NOES: None
ABSENT: None
RECUSE: None
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City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California