File #: 22-222    Version: 1 Name:
Type: Informational Report Status: Passed
File created: 2/16/2022 In control: Human Resources
On agenda: 3/1/2022 Final action: 3/1/2022
Title: Delegation of Authority for Disability Retirement
Attachments: 1. Staff Report, 2. Attachment 1 Resolution No.____ Delegation of Authority for Safety Officer Disability Retirements to Include the Interim Director of the Human Resources Department or, 3. Resolution 22-21.pdf

To: Board of Supervisors

From: Human Resources

Agenda Section: Consent

SUBJECT:
title
Delegation of Authority for Disability Retirement
end

RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Adopt Resolution No. ______, delegating authority for Safety Officer Disability Retirements to include the county's Human Resources Director, Interim Human Resources Director, or their designee, pursuant of California Government Code section 21173.

Body
SOURCE OF FUNDING:
General Fund (1100)

DISCUSSION:
The county is a contracting agency of the California Public Employees' Retirement System (CalPERS). In turn, the Public Employees' Retirement Law (California Government Code section 20000 et seq.) requires that the county, as the contracting agency, make determinations as to whether an employee who 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.

Pursuant to California Government Code section 21152 (c), applications for disability retirements are required to be submitted by the governing body or an official designated by the governing body. Under Government Code section 21154, the County is responsible for determining as to whether a safety member has been incapacitated due to performance of duty. Further, pursuant to California Government Code section 21157, your Board or your delegate has 6 months from the time they receive notice from CalPERS that a disability application has been filed to make their determination.

The Board of Supervisors previously delegated authority to the Director of Human Resources on Oct. 10, 2017, to make applications and determinations regarding whether county employees who are local safety members of CalPERS are entitled to a disability retirement.

Before your Board today is a resolution that will delegate that authority to include the Director of Human Resources, Interim Dire...

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