1992-070-Determining The Disability Retirement Of Steven L. YepRESOLUTION 1992 - 70
RESOLUTION OF THE TOWN OF LOS GATOS
DETERMINING THE DISABILITY RETIREMENT OF STEVEN L. YEP
WHEREAS, the TOWN OF LOS GATOS (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 purposes of the Public Employees'
Retirement Law and whether such disability is "industrial' within the meaning of such Law;
and
WHEREAS, an application for disability retirement of STEVEN L. YEP,
employed by the Agency in the position of POLICE OFFICER, has been filed with the
Public Employees' Retirement System; and
WHEREAS, the Town Council has reviewed the medical and other evidence
relevant to such alleged disability; and
WHEREAS, STEVEN L. YEP has filed a personal injury action in the Superior
Court of Santa Clara County, identified as STEVEN LEE YEP V TINNY LYNN PITMAN,
et al, action #648178, for injuries incurred while on the job. Authorization for settling the
Town's intervention action was given on October 3, 1991, negotiations are pending
resolution of retirement benefits; and
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town
of Los Gatos find and determine, and it does hereby find and determine that STEVEN L.
YEP is incapacitated within the meaning of the Public Employees' Retirement Law for
performance of his duties in the position of Police Officer; and
BE IT FURTHER RESOLVED that the Town Council find and determine, and
it does hereby find and determine that such disability is a result of orthopedic injury arising
out of and in the course of employment possibly resulting in part from the negligence of
Jinny Lynn Pitman who was driving a vehicle which collided with Officer Yep's motorcycle
while he was on duty, and neither said STEVEN L. YEP nor the Agency of the Town of Los
Gatos has applied to the Workers' Compensation Appeals Board for a determination
pursuant to Section 21026 whether disability is industrial; and
BE IT FURTHER RESOLVED that the member was or will be separated from
his employment in the position of POLICE OFFICER after expiration of his leave rights
under Section 21025.4, Government Code, effective February 15, 1992 and that no dispute
as to the expiration of such leave rights is pending.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos, California, held on the 4th day of May, 1992 by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Brent N. Ventura
Mayor Eric D. Carlson
NAYES: None
ABSENT: None
ABSTAIN: None
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
e
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA