HomeMy Public PortalAbout93-164 (12-21-93)RESOLUTION NO. 93-164
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD APPROVING THE APPLICATION FOR INDUSTRIAL
DISABILITY RETIREMENT OF EMANUEL L. DALE PURSUANT TO.
SECTION 21025 OF THE GOVERNMENT CODE
WHEREAS, the City of Lynwood (hereinafter referred to as
Agency) is a contracting agency of the Public Employee's 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
Emanuel L. Dale employed by the Agency in the position of Fire
Captain has been filed with the Public Retirement System; and
WHEREAS, the Lynwood City Council has reviewed the
medical and other evidence relevant to such alleged disability;
NOW, THEREFORE, BE IT RESOLVED that, the City Council of
Lynwood does hereby find, determine, order and resolve as follows;
Section l._ That the Lynwood City Council of Lynwood find
and determine and it does hereby find and determine that Emanuel L.
Dale is incapacitated within the meaning of the Public Employees°
Retirement Law for performance of his duties in the position of
Fire Captain due to an industrial related hearing loss.
Section 2. That the City Council of the City of Lynwood
find and determine and it does hereby find and determine that such
disability is a result of injury or disease arising out of and in
the course of employment and there is not a possibility of third
party liability.
Section 3, That the member was or will be separated from
his employment in the position of Fire Captain after expiration of
his leave rights under Section 21025.4, Government Code, effective
November 12, 1993 and that no dispute as to the expiration of such
leave rights is pending.
PASSED, APPROVED AND ADOPTED this 21st day of
December , 1993, ~~
PAUL H. RICHARDS II, Mayor
City of Lynwood
ATT%]/E/SST/
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{{{~~~ NDREA L. HOOP ~ t~G q~,~ ~y~
~ ~ City Clerk/ /
APPROVED AS TO CON'T'ENT:
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Gail L. Black
Director of Human Resources
APPROVED AS TO FORM:
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City Attorney