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Resolution No. 5045 11 , . " . i ."00; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 RESOLUTION NO. 5045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON DETERMINING THE DISABILITY RETIREMENT OF TED MILLER, A LOCAL SAFETY OFFICER EMPLOYED BY THE CITY OF VERNON [Sections 21024 & 21025 of the Government Code] WHEREAS, the City of Vernon (hereinafter referred to as "Agency") is a contracting Agency of the Public Employees Retirement System; and 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 the purposes of the Public Employees Retirement Law and whether such disability is "industrial" within the meaning of such law; and WHEREAS, by this Resolution the Agency is hereby filing an application for the disability retirement of Ted Miller employed by the Agency in the position of Lieutenant in the Vernon Police Department; and WHEREAS, the City Council of the City of Vernon has reviewed the medical and other evidence relevant to such alleged disability; and WHEREAS, such "industrial" disability was not caused by third party liability. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: That the City of Vernon hereby finds and 27 determines that Ted Miller is incapacitated within the meaning 28 of the Public Employees Retirement Law from the performance of . . .. ~ 1 his duties in the position of Lieutenant in the Police Department 2 of the City of Vernon. 3 SECTION 2: That the City of Vernon hereby finds and 4 determines that such disability is a result of injury or disease 5 arising out of and in the course of employment and neither Ted 6 Miller nor the Agency has applied to the Workers' Compensation 7 Appeals Board for a determination pursuant to Section 21026 of 8 the Government Code whether such disability is industrial. 9 SECTION 3: That the City Council of the City of Vernon 10 determines that such disability will become permanent and 11 stationary on December 2, 1983, and said disability is determined 12 to be of a permanent nature, and said Ted Miller will be removed 13 from the City payroll on December 2, 1983. 14 SECTION 4: That the City Clerk of the City of Vernon 15 shall certify to the passage of this Resolution and thereupon 16 and thereafter the same shall be in full force and effect. 17 APPROVED AND ADOPTED this 20th day of September, 1983. 18 19 20 21 22 23 24 25 26 27 28 ~~ ~ LE.ONIS C. MALB G, Mayo AT6~~ BRUCE V. MALKENHORST. City Cler -2- . ... . . ~., " 1-.... '. 1 STATE OF CALIFORNIA ) ) ss. 2 COUNTY OF LOS ANGELES ) 3 4 I, BRUCE V. MALKENHORST, City Clerk of the City of 5 Vernon, do hereby certify that the foregoing Resolution, being 6 Resolution No. 5045 , was duly adopted by the City Council of 7 the City of Vernon,. and was approved by the M.::,yor of said City 8 at a regular meeting of the City Council held on Tuesday, 9 10 11 12 13 14 (SEAL) 15 16 17 18 19 20 21 22 23 24 25 26 27 28 September 20 ,19 83 -3--