Whittier Municipal Code Ch. 2.48 Employees' Compensation Benefits and Fund

The city manager is charged with the administration of the city worker's compensation program, and the employees' compensation fund, as referred to in this code. The city manager shall be empowered to take all steps reasonably necessary to insure the prompt, expeditious, and fair handling and processing of all valid claims filed by officers and employees of the city with respect to worker's compensation benefits.

(Prior code § 2310)

(Ord. No. 3112, § 2, 2-25-20)

There is created a fund which shall be known as the "employees' compensation fund." All moneys heretofore appropriated, budgeted or otherwise set aside for the payment of industrial accident claims, or premiums for worker's compensation insurance are transferred to the fund. The fund shall be increased and maintained from year to year, in amounts deemed sufficient by the council to pay the industrial accident compensation claims and administration by an appropriation by the council in its annual budget and, in the event of unexpectedly large or numerous claims, by special appropriations by the council. Nothing contained in this section shall be construed as barring the city from carrying excess compensation insurance in any desirable form or amount.

(Prior code § 2310.10)

(Ord. No. 3112, § 2, 2-25-20)

A. It is the purpose of this chapter to provide the payment of compensation to employees of the city, for industrial accidents sustained in the course and scope of their employment, and for the dependents of employees who die as the result of such accidents, in all cases in which the employees or dependents would be entitled thereto under the applicable provisions of the Labor Code of the state. The right of the employees and dependents of deceased employees to receive compensation shall be determined by the provisions of this chapter and the provisions of the Labor Code.

B. The total compensation to be paid any city employee in case of disability, except "public safety employees," defined as such by the Public Employees Retirement Act of the state, Section 20,000 et seq. of the Government Code, but including elected and appointed officials of the city, shall be paid from the inception of the disability and in all cases, including the total and partial disability, the rate of compensation shall be as follows:

1. Miscellaneous employees, defined as such in the Public Employees Retirement Law, who have worked less than five years continuously for the city and who have attained permanent status with the city, shall be entitled to two calendar months' full pay during any absence from work necessitated by any disability or injury arising out of or in connection with his/her employment with the city.

2. Miscellaneous employees who have worked not less than five nor more then ten years continuously for the city shall be entitled to five calendar months' full pay during any absence from work necessitated by any disability or injury arising out of or in connection with his/her employment with the city.

3. Miscellaneous employees who have worked ten years continuously for the city shall be entitled to eight calendar months' full pay during any absence from work necessitated by any disability or injury arising out of or in connection with his/her employment with the city.

C. Notwithstanding any other provision of this section, the city manager shall reduce the amount of any payments authorized pursuant to subdivisions 1, 2 or 3 of subsection B of this section, to any such employee, by an amount equal to any moneys earned from other employment by the employee during any such period of disability.

D. For the purpose of calculating an employees' eligibility, in terms of the continuous employment by the city, referred to in subdivisions 1, 2 and 3 of subsection B of this section, leaves of absence, other than sick leave or vacation leave, shall not be counted as continuous employment.

(Prior code § 2310.11)

(Ord. No. 3112, § 2, 2-25-20)

Payments of compensation for disability to public safety employees shall be that authorized by the applicable provisions of the Labor Code of the state and the Public Employees Retirement Act of the state. No public safety employee shall be entitled to any compensation pursuant to subdivisions 1, 2 or 3 of subsection B of Section 2.48.030.

(Prior code § 2310.12)

The city manager shall establish rules and regulations, including appropriate forms, for processing claims of employees of the city, with regard to worker's compensation benefits, and the benefits provided in lieu thereof by the provisions of this chapter.

(Prior code § 2310.13)

(Ord. No. 3112, § 2, 2-25-20)