HomeMy WebLinkAboutResolution - 2175 Resolution No. 2175
RESOLUTION OF THE CITY COUNCIL
FOR THE CITY OF SAN JACINTO DETERMINING
DISABILITY RETIREMENT OF JOSEPH KOZMA
WHEREAS, the City of San Jacinto (hereinafter referred to as
Agency) is a contracting agency of the Public Employees'
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;
WHEREAS, an application for disability retirement of Joseph
Kozma employed by the Agency in the position of Chief of Police
has been filed with the Public Employees ' Retirement System; and
WHEREAS, the City of San Jacinto has reviewed the medical
and other evidence relevant to such alleged disability;
(1) NOW, THEREFORE, BE IT RESOLVED:
That the City of San Jacinto find and determine and it does
hereby find and determine that Joseph Kozma is incapacitated
within the meaning of the Public Employees' Retirement Law for
performance of his duties in the position of Chief of Police; and
(2) BE IT FURTHER RESOLVED THAT THE City of San Jacinto 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.
Neither said Joseph Kozma nor the agency, City of San
Jacinto, has applied to the Workers ' Compensation Appeals Board
for a determination pursuant to Section 21026 whether such
disability is industrial.
(3) BE IT FURTHER RESOLVED that the member was, or will be,
separated from his employment in the position of Chief of Police
upon the hereafter stated and agreed date for expiration of his
leave rights under Section 21025. 4 Government Code. The
effective and agreed date of separation is November 30, 1993 and
there is no pending dispute as to the expiration of such leave
rights.
(4) There is not a possibility of third party liability.
(5) Advance Disability Pension payments will be made. The
payments will be made bi-weekly in the amount of $1, 418 . 90,
effective December 1, 1993 , payment to commence on pay-period
date January 7 , 1994 , retroactive to the effective date.
(6) The primary disabling condition is hyper-tension. The
member is competent to act on his own behalf in legally binding
retirement matters.
(7) The member' s disabling condition is not a direct
consequence of a violent act perpetrated upon the member' s person
or did not occur during the performance of those portions of the
member' s duties which are particularly hazardous and dangerous.
MOVED, PASSED and ADOPTED at a regular meeting of the City
Council for the City of San Jacinto on the 21st day of December,
19931 by the following vote:
AYES: Councilmembers Ford, Leahy, Solorio, Williams , Mayor Haflig
NOES: None
ABSTAIN: None
ABSENT: None
"UV
HENRY J, AFtIG R CMayor
Attest:
RICHARD BREWER, City Clerk
By:
Mn
putt' City Cle(kk