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HomeMy WebLinkAbout5027 RESOLUTION NO. 5027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA APPROVING THE APPLICATION OF JAMES STARK FOR DISABILITY RETIREMENT AND FINDING THAT HE IS INCAPACITATED TO PER- FORM HIS DUTIES AS FIREFIGHTRR. WHEREAS, the City of Arcadia (hereinafter referred to as Agency) is a contracting agency of the Public Employees' Retirement system; WHEREAS, the Public Employees' Retirement Law requires that a con- tracting agency determine whether an employee of such agency in employ- ment in which he is classified as a local safety member is disabled for purposes of the Public Employees' Retirement Law and whether such dis- ability is "industrial" within the meaning of such Law; WHEREAS, an .application for disability retirement of James Stark, employed by the Agency in the position of Firefighter, has been filed by James Stark with the Public Employees' Retirement System; and .I , I WHEREAS, the City Council has reviewed the medical and other evidence relevant to such alleged disability. NOW, THEREFORE, BE IT RESOLVED that the City Council find and deter- mine and it does hereby find and determine that James Stark is in- capacitated within the meaning of the Public Employees' Retirement Law for performance of his duties in the position of Firef~hter; and BE IT FURTHER RESOLVED that the City Council find and determine and it 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 neither James Stark nor the Agency has applied to the Workers' Compensation Appeals Board for a determination pursuant to Section 21026 whether such disability is industrial; and BE IT FURTHER RESOLVED that the member was or will be separated from his employment in the position of Firefighter-afte~ expiration of his leave rights under Section 21025.4, Government Code, effective March 1, 1982, and that no dispute as to the expiration of such leave rights is pending. -1- 5027 I HEREBY CERTIFY that regular meeting of the City 2nd day of March, 1982, Councilmen, to wit: the foregoing resolution was adopted at a Council of the City of Arcadia held on the _ by the affirmative vote of at least three AYES: NOES: ABSENT: Councilmen None None Dring, Haltom, Pellegrino, Saelid and Gilb &k' iJ~p,~~ CJ.ty tferk or the C2ty of ArcadJ.a SIGNED AND APPROVED this 2nd day of Marc Mayor of ArcadJ.a LJ;~ CJ.ty Clerk - I,' -2- 5027