The Tehachapi City Council held a special meeting on March 7 at 4 p.m. to approve the disability retirement of Officer Rick Disney.
Accounting Specialist Christie Copus presented the staff presented a report requesting the industrial disability retirement of Officer Disney and granting of advance disability payments. Copus said, "The city council agenda requires for an action to be made of the application of a California Public Employees' Retirement System Industrial Disability Retirement. If city police officer Richard Disney. Under the public employees retirement law, such a police officer applies for a disability retirement the obligation falls on the city to determine whether the safety member should be retired for disability and whether that disability is industrial in nature.
The city received a report, from an agreed upon medical examiner, in Officers Disneys' pending compensation matter. The medical examiner determined that officer Disney is permanently precluded from working in law enforcement entirely; thus, Copus said, he incapacitated from preforming his usual and customary duties with the city for a permanent duration and thereby qualified for a CALPERS disability retirement.
In addition, the agreed on medical examiner concluded, Disney's disability arose in part out of the course of his duties with the city, so his disability is considered "industrial." In addition, under Labor Code 4850.4, the city is required to provide Disney with advance disability pension payments once the city has granted the disability retirement.
The advance payments are made until CALPERS begins to issue Officer Disney his retirement allowance which is typically three to four months after the city submits the resolution, approving the disability retirement.The advance payments will be made in approximately the same amount that Disney will receive once CALPERS begins to make the payments. Once CALPERS begins to pay Disney, the city will be reimbursed for all advance disability payments made, Copus said.
The advance payment will be $2,929.46 per month.
The Council voted 4-0 to approve his retirement and advance payment. Council members Mayor Phil Smith, Ed Grimes, Kim Nixon and Mary Lou Vachon were present, Council member Susan Wiggins was absent. The meeting lasted just over 5 minutes. The next regular Council meeting is scheduled for 6 p.m., March 18 at the Beekay Theatre.