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Resolution No. 5173 , ,1 :.... ,# ....... ~' t , . 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 27 28 RESOLUTION NO. 5173 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON DETERMINING THE DISABILITY RETIREMENT OF GURDON W. WILCOX, A LOCAL SAFETY ~mMBER EMPLOYED BY THE CITY OF VERNON [~~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, Gurdon W. Wilcox retired from the service of the City of Vernon on August 3, 1984, under a regular service retirement; 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 caused, in part, by third party liability; and WHEREAS, by this Resolution, the Agency is hereby filing an application for the disability retirement of GURDON W. WILCOX employed by the Agency in the position of Lieutenant in the Vernon Police Department. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLIJO~]S: Resolution No.51?3 , was duly adopted by the City . :.J r. ~. .. { , 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 foregoi'Q-g Resolution, being the City of Vernon, and was approved by the Mayor of said an adjourned atlat.regular meeting of the City Council held on Tuesday, , 19 85 March 26, 10 11 12 13 14 (SEAL) 15 16 d 17 18 19 20 21 22 23 24 25 26 27 28 ~/~~ BRUCE V. MALKENHORST, City Clerk -3- .' 1 SECTION 1: That the City of Vernon hereby finds and 2 determines that GURDON W. WILCOX is incapacitated within the 3 meaning of the Public Employees Retirement Law from performance 4 of his duties in the position of Lieutenant in the Vernon Police 5 Department for the City of Vernon. 6 SECTION 2: That the Citv of Vernon hereby finds and 7 determines that such disability is a result of injury or disease 8 arising out of and in the course of employment and neither 9 GURDON W. WILCOX nor the Agency has applied to the Workers' 10 Compensation Appeals Board for a determination pursuant to 11 ~21026 of the Government Code whether such disability is 12 industrial. 13 SECTION 3: That the City Council of the City of Vernon 14 determines that such disability became permanent and stationary 15 on August 3, 1984 and sa:iJ.d disability is determined to be of 16 a permanent nature, and said GURDON W. WILCOX shall be deemed 17 removed. from the City payroll on August 3, 1984. 18 19 20 21 22 23 24 25 26 27 28 SECTION 4: That the City Clerk of the City of Vernon shall certify to the passage of this Resolution and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED thisZ6~th day of March, 1985. ~~?~ ~~ONIS c. MALB~G, ~ay r ATTEST: ~~-,/ -A'/~~ BRUCE V. MALKENHORST, City Clerk -2-