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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