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Resolution No. 4841 .. ::-s-" .~ . .' . o w 1 2 3 4 5 RESOLUTION NO. 4841 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON DETERMINING THE DISABILITY RETIREMENT OF . ROBERT N.. S IMENSEN, A LOCAL SAFETY MEMBER, EMPLOYED BY THE CITY OF VERNON [SS2l024 and 21025 of the Government Code] 6 WHEREAS, the City of Vernon (hereinafter referred to 7 as the "Agency") is a contracting Agency of the Public Employees 8 Retirement System; and 9 WHEREAS, the Public Employees Retirement Law requires 10 that a contracting agency.determine whether an employee of.such 11 Agency in employment in which he is classified as a Local safe.ty 12 Member is disabled for the purposes of the Public Employees 13 Retirement Law and whether ,such disability is "industrial" within 14 the meaning of such law: and 15 WHEREAS, by this .Resolution the,Agency is hereby filing 16 an application for the disability retirement of Robert N. 17 Simensen employed by the Agency intheposit10n of Battalion 18 Chief in the Vernon Fire Department; and 19 WHEREAS, the City Council of the City of Vernon has 20 reviewed the medical and other evidence relevant to such alleged 21 disability; and 22 WHEREAS., such "industrial" disability was not caUSed 23 by third party liability. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 25 THE CITY OF VERNON AS FOLLOWS: 26 SECTION 1: That the City of Vernon hereby finds> and 27 determines that Robert N. Simensen is incapacitated within the 28 meaning of the.. Public Employees Retirement Law. from the ~ (.t. -; 1 perfC)rmanc~Ofhis duties in the position of Battalion Chief in 2 the Vernon Fire Department for the City of Vernon. 3 SECTION 2: That the City of Vernon hereby finds and 4 dete.rminesthat such disability is the result of.. injury or 5 disease a'risingout o.f and ipthe. course of employment and 6 neither RobertN. Simensen nor the Agency.has applied to the 7 Workers' compensation Appeals Board for the determination 8 pursuant toS2l026 of the Government Code whether such disability 9 is industrial. 10 SECTION 3: That the City Council of the City of Vernon 11 determines that such disability became permanent and stationary . on September 11, 1981 and said disability is determine.dto be of permanent nature, and said Robert N. Simensen is removed from 14 the City payroll on October 6, 1981. 15 SECTION 4: That "the City Clerk of the City of Vernon 16 shall certify to the passage of this Resolution and thereupon 17 and thereafter the same/shall be in full force and effect. 18 19 20 21 22 23 24 25 26 27 28 APPROVED AND ADOPTED this 6th day O:f. October 1981. ATTEST: /t BRUCE V. p/~ .MALI<ENHORST, CityC1erk . -2- "-., ............" .' it . 1 STATE OF CALIFORNIA ) ) SSe 2 COUNTY OF LOS ANGELES ) 3 4 I, BRUCE V. MALKENHORST, City Clerk of the City of 5 Verno.n, do hereby certify that the foregoing Resolution, being 6 Resolution No. 4841 , was duly adopted by the City Council 7 of the City of Vernon, and was approved by the Mayor of said 8 City at a regular meeting of the City Council held on Tuesday, 9 10 11 12 13 14 15 (SEAL) October 6 " 19' 81. ~ -- BRUCE V. 16 17 18 19 20 21 22 23 24 25 26 27 28 -3-