HomeMy WebLinkAboutCM Advanced Disability; Eric CogbillAGREEMENT FOR ADVANCED DISABILITY PENSION PAYMENTS
This Agreement is made as of the.M7a day of .4M/,L , 2015, by and between Eric Cogbill
("Cogbill") and the City of San Rafael ("San Rafael")
RECITALS
WHEREAS, Cogbill has asserted that he was injured during the course and scope of his
employment for San Rafael; and
WHEREAS, Cogbill, as a result of his injuries, has applied for Disability Retirement with the
Marin County Employees' Retirement Association ("MCERA"); and
WHEREAS, Cogbill has requested advanced disability pension payments from San Rafael
pursuant to Labor Code §4850.4; and
WHEREAS, San Rafael has agreed to make advanced disability pension payments to Cogbill
pending a determination of his eligibility for Disability Retirement by MCERA; and
WHEREAS, Cogbill is aware of his responsibilities pursuant to Labor Code §4850.4, including
the repayment of funds to San Rafael of any funds advanced to him;
AGREEMENT
NOW, THEREFORE, the parties agree as follows:
1. San Rafael will advance disability pension payments to Cogbill pursuant to the provisions
of Labor Code §4850.3 and §4850.4, in the amount of $4161.88 per month payable from April 10, 2015
through the first day of retirement. This amount is based upon MCERA's estimate of the monthly
amount payable as calculated based upon 50% of the estimated highest average annual compensation
earnable by Cogbill during his period of employment from March 1, 2012 through February 28, 2015.
2. Cogbill agrees that he will fully cooperate in providing San Rafael with medical
information and in attending all statutorily required medical examinations and evaluations set by San
Rafael, and fully cooperate with the evaluation process established by MCERA, as required by Labor
Code §4850.4.
3. Cogbill agrees that if his application for Disability Retirement is granted by MCERA, and
he receives a retroactive benefit payment, that he shall, within fourteen (14) calendar days of receipt of
said payment refund to San Rafael an amount equal to the advanced disability pension payments made
to him.
4. Cogbill further agrees that in the event that his application for Disability Retirement is
denied by MCERA, he will, within fourteen (14) calendar days of the date of said final denial, meet with
San Rafael to agree upon a repayment plan, absent which the matter will be submitted for a local agency
administrative appeals remedy that includes an independent level of resolution to determine a reasonable
repayment plan, as required by Labor Code §4850.4.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
hereinabove written.
CITY OF SAN RAFAEL -
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NANCY MACAE, City Manager ERIC 0.
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APPROVED AS TOFORM:
ROBERT Attorney
ESTHER C. :•' 'r City Clerk