112 of 1978 - Amending Section 25-9-6 providing for compensation for City employees disabled in the line of duty. ROLL CALL � , ,
July 13 78
-"VOTING MEM Salt Lake City,Utah, ,19
Mr.Chairman ....�= �
I move that the Ordinance be pa�epl.
Agraz� ��/
Grr ®®
®-
Phillips ®-
Result ■� AN ORDINANCE
,
AN ORDINANCE AMENDING Section 25-9-6 of the Revised Ordinances
of Salt Lake City, Utah, 1965, relating to compensation for city
employees disabled in the line of duty.
Be it ordained by the Board of Commissioners of Salt Lake City,
Utah:
SECTION 1. That Section 25-9-6 of the Revised Ordinances of
Salt Lake City, Utah, 1965, relating to compensation for city employees
disabled in the line of duty, be, and the same hereby is, amended to
read as follows:
Sec. 25-9-6. Disability Compensation.
(1) Any full-time permanent career service or civil service
employee of Salt Lake City permanently and totally disabled
while in the lawful discharge of his or her official duties for
the city shall continue to receive full compensation until such
employee reaches his or her normal retirement age.
(2) For the purposes of this section, the following terms
shall be defined as herein specified:
(a) "disabled" means physical incapacitation resulting
from traumatic bodily injury occurring as a direct and
independent result of accident or criminal act. Injuries
caused or contributed to by the following shall not be
considered as disabilities hereunder:
1. hernia, pregnancy, infection, or disease of any
type (including mental disorders and heart disease) , or
the medical or surgical treatment therefor;
2. reckless, negligent, illegal or immoral acts by
the disabled employee or purposely self-inflicted wounds
or injuries;
3. use of drugs or alcohol by the injured employee; or
4. travel to or from work.
(b) "full compensation" shall mean the total monthly
salary paid by the city to a disabled employee in the month
immediately preceeding the injury, excluding overtime payments,
shift differentials, uniform and travel allowances, witness
fees, educational incentive or certification pay, and other
similar such reimbursements not ordinarily included in an
employee's base salary; provided that compensation paid under
the provisions of this section shall be increased from time
to time to reflect cost of living adjustments granted
generally to employees of the city in employment positions
1 9
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similar to that occupied by the disabled employee at the
time of injury, and reduced by any and all amounts paid as
workmen's compensation, social security, disability or
other retirement benefits, or any form of governmental
relief whatsoever.
(c) "normal retirement age" shall mean and in no case
exceed the attained normal retirement age as presently
specified in Section 49-10-6(34) of the Utah State Retirement
Act and in Section 49-11-8(39) of the Utah Public Safety
Retirement Act for career service and civil service employees
respectively.
(d) "totally disabled" shall mean that period of time
during which the disabled employee is unable to perform
any and every duty pertaining to his or her employment posi-
tion with the city and is not engaged in any occupation or
employment for wage or profit;
(3) The city at its own expense shall have the right and
opportunity to examine the person of any employee when and as
often as it may reasonably require during employment with the
city and during the pendency of a disability hereunder. No
employee refusing such examination shall be eligible for the
benefits provided by this section.
(4) Refusal to submit to treatment for disabilities shall
be grounds for termination of compensation specified hereunder.
(5) When any injury for which compensation is payable under
this section shall be caused by the wrongful act or neglect of
another employee of the city or person not in such employment,
the city may require an employee claiming compensation hereunder,
as a condition of receipt of such compensation, to assign to
Salt Lake City any action for damages against such third person
such injured employee may have.
(6) This benefit shall not apply in the case of any injury
occurring prior to April 1, 1977.
(7) If an employee of the City becomes entitled to receive
workmen's compensation as a result of suffering a city service
connected injury or illness of a type not compensated for under
the foregoing provisions of this section, such employee shall be
paid workmen's compensation as provided by law; provided, however,
that he or she may elect to use, during such disability, his or
her accumulated sick leave credit and authorized vacation time
and receive, during the period of his or her sick leave credit
and vacation time, such part of his or her wage or salary, as
will, when added to his or her workmen's compensation payments,
equal his or her regular wage or salary; and provided further,
that satisfactory evidence of such election shall be transmitted
by said person to the city auditor prior to payment.
SECTION 2. In the opinion of the Board of Commissioners of Salt
Lake City, it is necessary to the peace, health and welfare of the
inhabitants of Salt Lake City that this ordinance become effective
immediately.
SECTION 3. This ordinance shall take effect upon its first
publication.
12
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Passed by the Board of Commissioners of Salt Lake City, Utah,
this 13th day of July 1978.
a.v/(6)1e--.C.
MAYOR
U R�S
-(i -L�;644 t
CI Y REC
(SEAL) v
BILL NO. 112 of 1978
Published - July 19, 1978
,c,),
Affidavit of Publication
STATE OF UTAH,
ss.
County of Salt Lake
AN ORDINANCE
Ordinances ORDINANCE LEak Citty,UtAS1°655.relatirnig°f the to compens3°etl S}lana Da Palmer
lion for city employees disabled In the line of duty.
Be II ordained by the•Board of Commissioners of Salt Lake
City,Utah,.
SECTION 1.That Section 25 9y of the Revised Ordinances of
Sail Lake City.Utah,1965,relating to coeneensation for city n •
Imployees disabled in the line of duly,be,and the same hereby 1)eing first duly sworn,deposesand says that he is legal
s,amended t0 read as follows, Y
Sec.ss9-6.Disability commnsation. advertising clerk of the DESERET NEWS, a daily
(1))Any lull-untie permanent career service or civil service
'OI nla°flewlulduhr soeni:o n:H[ie euliesiorlm (except Sunday) newspaper printed in the English
crie0 0e does a to rep full mPhussne, until such
employee reaches his or her normal retirement age, language with general circulation in Utah, and
beafiedathe i5a specified, «Ipn,the,mlowlnaterms snan published in Salt Lake City,
(e)"disabled"moans physical natlon resulting from
Salt Lake County, in the
traumatic bodily In foroccurring as a direct and Independent State of Utah,
to by of
followins shalll l belcoesideretl s contributed
nemarder� eg ` eecl c� de That the legal notice of which a copy is attached hereto
(rgical'treatment
a°M hea(aisee el or5°irie maendylcaiopen g
surgical recroatmeaolioedor
2.reeor p,po elly tit l-ieg I Or lmmndsl r its uric;; lsabled
employee et purposely selsof s cted wounds or deco es;
J.use of drugs or Iwhol by the lnlured employee;Or Pub notice to amend an ordinance relating to
a travel to or from work.
(b)"full compensation"shall mean the total monthly salary
p Id by ins city to a disabieo empkwee in Ma moons lmmedlateiy
disecedinrgg the bury, excluding overtime payments, hill compensation for cityemployees disabled in the
fferentials, uniform travel allowances,witness fees,
educational Incentive or amenity anon pay,n en employee's
similar such
relary,crmenty Oct omeorlly Included in an employee's base
thIary;provided that Compensation paid under the provision of line of duty
isnadinshallbe Ireetededfromtime a timeto reflect cost of
wailumenlmenls gra siedgan o the to employees of the chi d
employment position similar to Mat occupied by an disabled
amountse at the time of workmen's and reduced sbYun any and ty,
amounts)sold as retiirem compensation,s, Ian form of
disability other retirement benefits. or any form of
governmental"normal
retire it whatsoever.ap
x eed MeaMained normaqlnretireement ago es eneseentlyn no sypeclfled
in Section d9-106(30 of Me Utah State Retirement Alf and in
Section d9-11-51391 of the Utah Public Safety Retirement Act for
car service and CIVII seecineernOlonees respectively.
id)"totally disabled"shall mean that period Of time during
which the disabled employee is unable to perform any and every was published in said newspaper 19, 1978
duty pertaining to his or her employment Ppsltlos with the env P Per on July
and is not engaged in any occupationtie xv Or o employment for wage or
profit
(3)The city at Its awn expense shall have the right and
opportunity to examine the perun of any employee when d as
tn as it may reasonably require during employment with the
city and during the pendency of a disability hereunder.No i
employee refuse such oxeminatlon shell be eligible for the C\f _
bnefits provided by this section. .. \.C^J�,'�lf�.,�J-
(A)Refusal to submit to treatment for disabilities shall be �`
Brownie) Iorlanrenlnvefianet for which'mmvuitivse hereunder,yle Legal Advertising Clerk
under this section snail be caused by thethe wrongful act or neglect
of another
the°city of
require an r employee cla in imsuching
compensation hereunder, condition of receipt`of such
pensati a to assign to Salt Lake City any action for damages re me this 27th
against
'This third bbooeeeht shall net aaoly°In the°case may
env injury day of
Occurring Prior in Apeii 1,1917.
workme's compee'nsyatiion as a ressult ly of ilsriarinnetae cittOy receive
A.D. 19.78
connected inuy or illness of a type not compensated for under
ioe�ing soci this section,
idwmon's compensation prdd y law; ad be
ed,, ....
'however,that or she may elect to use,darn such dtsabllit
his accumulated sick leave credit and authorized vacation
b and receive, ulling the period of his or her sick leave credt /
a lime
nontkr hparlalhisor Mrwageorsalary,•swill, / /
when a`aaed ro his er her workmen's mmpensanon pevmenta, fin(.�
equal his ar her evlaen wage c salary;ash 11 bet transmitted
t /l�%/
that id person
er onto Me city
a of such for town shall t. Vansmined
by said SECTION
to Medty auditor priortopayment. Public
SECTION 2i Is necessary
ecessary tofifleeaced Oiith and welfare
of Notar
Sall inhabitCantsty,ltof Salt Lake lCity thahatrthseordinance become
4�
effective Immediately.
SECTION 3.This ordinance shall take effect upon Its first
oublPassen.
Passed by the Board Of Commissioners of Salt Lake City,
Utah,this 13th day of July,1918.
TED L.WILSON
Macor
MIILDR DVNIGMAM
Recorder
(SEAL)
BILL NO.112 of 19M
Publi shed--July 19,1928 (Od)