2015-001 - Industrial Disability Retirement for Michael MeltonRESOLUTION 2015- 001
RESOLUTION APPROVING INDUSTRIAL DISABILITY RETIREMENT
FOR MICHAEL MELTON
WHERAS, the Town Council of the Town of Los Gatos (hereinafter referred to as "Agency "), by action
dated June 21, 1999, under Section 21152, Government Code, granted to the Town Manager the authority to
determine is "industrial" within the meaning of Public Employees' Retirement Law;
WHERAS, after review of medical and other evidence relevant thereto, I hereby determine that Michael
Melton, a Local Safety Member of the Public Employees Retirement System, is substantially incapacitated for
performance of his duties in the position of Police Officer;
WHERAS, I also determined that such incapacity is a result of injury or disease arising out of and in the
course of his employment;
WHERAS, the Employee submitted an employee - initiated disability retirement application and was
subsequently separated from employment upon expiration of his leave rights on December 26, 2014. His last day
on pay status is December 26, 2014;
WHERAS, there is not a possibility of third -party liability;
WHERAS, the reason for the disability is low back injury;
WHERAS, advanced disability payments will be made to Employee until such time the Employee
receives monthly disability pension payments directly from CalPERS;
NOW, THEREFORE, BE IT RESOLVED THAT, Michael Melton is approved for an industrial
disability retirement.
Greg Larson, Town Manager
Appr as to form:
z e.Jf Az
Robert Schultz, Town tt uey
Date
Attest:
RESOLUTION NO. 1999 -85
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DELEGATING TO THE TOWN MANAGER THE AUTHORITY TO MAKE
DETERMINATIONS UNDER SECTION 21152 (C), GOVERNMENT CODE, ON BEHALF
OF THE TOWN, OF DISABILITIES AND WHETHER SUCH DISABILITY IS INDUSTRIAL
AND TO CERTIFY SUCH DETERMINATIONS AND ALL OTHER INFORMATION TO
THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM.
WHEREAS, the Town of Los Gatos (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, the Town Council has determined upon legal advise that it may delegate
authority under Section 21034 of the Government Code to make such determinations to the
incumbent of the office/position of Town Manager;
NOW THEREFORE BE IT RESOLVED, -by the Town Council of the Town of
Los Gatos, County of Santa Clara, State of California, that the Town Council delegate and it does
hereby delegate to the incumbent of the office /position of Town Manager authority to make
determinations under Section 21152 (c), Government Code, on behalf of the Agency, of disability
and whether such disability is industrial and to certify such determinations and all other necessary
information to the Public Employees' Retirement System; and
BE IT FURTHER RESOLVED that such incumbent be and he /she is authorized to
make applications on behalf of Agency for disability retirement of all employees and to initiate
requests for reinstatement of such employees who are retired for disability.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California, held on the 21" day of June, 1999 by the following vote:
COUNCIL MEMBERS:
AYES: Steve Blanton, Linda Lubeck, Joe Pirzynski
NAPES: None
ABSENT:
Randy Attaway
ABSTAIN: None
ATTEST:
CLERK OF THE TOWN O S G TdS
LOS GATOS, CAL CFORNIA