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Home My WebLink AboutNS-2047 - Authorizing an Amendment to Contract Between City Council and Board of Administration...ORDINANCE NO. NS-2047 AN ORDINANCE OF THE CITY OF SANTA ANA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF SANTA ANA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM EFFECTIVE JANUARY 1, 1990 FOLLOWS: THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS SECTION 1: That an amendment to the contract between the City of Santa Aha and the Board of Administration, California Public Employees Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked "Exhibit A" and by such reference made a part hereof as through herein set out in full. SECTION 2: The Mayor of the City Council of the City of Santa Ana is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said agency. SECTION 3: The amendment to the contract attached hereto as "Exhibit A" shall be effective January 1, 1990. ATTEST: ADOPTED this 2nd day of January , 1990 . ~ka~cie C. G~y / ~Clerk of the Council COUNCILMEMBERS: Young Aye McGuigan Aye Acosta Aye Griset Aye Norton Aye May Aye Pulido Aye APPROVED AS TO FORM: City Attorney The Board of Administration, Publtc Employees' Retirement System, hereinafter referred to as Board, and the governing body of above public agency, hereinafter referred to as Public Agency, having entered into a contract effective July l, 1947, and witnessed November 25, 1946, and as amended effectiv~ October 1, 1951, February l, 1954, September 1, 1956, July 1, 1959, November l, 1960, September 1, 1963, April 1, 1964, February 1, 1965, January 16, 1969, November 1, 1970, June 1, 1974, December 16, 1976, December 1, 1978, October 1, 1981, July 1, 1984, December 1, 1984 and July 1, 1985, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree.as follows: Paragraphs 1 through 12 are hereby stricken from said contract as executed effective July 1, 1985, and hereby replaced by the following paragraphs numbered I through 12 inclusive: All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous members, age 50 for local police members, age 50 for those local flre members hired prior to October 1, 1981 and age 55 for local fire members hired on or after October 1, 1981. Public Agency shall participate in the Public Employees' Retirement System from and after July 1, 1947 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only ,on election of a contracting agency and are not provided for herein an~ to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contract- ing agency. Employees of Public Agency in the following classes shall become members of said Retirement System except such In each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); Local Police Officers (herein referred to as local safety members); Employees other than local safety members (herein referred to as local miscellaneous members). In addition to the classes of employees excluded from membership by Said Retirement Law, the following classes of employees shall not become members of said Retirement System~ NO ADDITIONAL EXCLUSIONS The percentag~ of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21251.13 of said Retirement Law (2% at age 60 Full). The percentage of final compensation to be provided for each year of 'credited prior and current service as a local fire member who entered intO membership on or after October l, 1981, shall be determined in accordance with Section 21252.6 of said Retirement Law (2% at age 55 Full). The percentage of final compensation to be provided for each year of credited prior and current service as a local police member and those fire members who entered into membership prior to October 1, 1981 shall be determined in accordance with Section 21252.01 Of said Retirement Law (2% at age 50 Full). The following additional provisions of the Public Employees' Retirement Law, which apply only upon election of a contracting agency, shall apply to the Public Agency and its employees~ Sections 21380 - 21387 (1959 Survivor Benefits) excluding Section 21382.2 (Increased 1959 SurVivor Benefits) and Section 21382.4 (Third LeVel of 1959 Survivor Benefits). Sections 21263, 21263.1 and 21263.3 (Post-Retirement Survivor Allowance). Section 20930.3 (Military Service Credit). Statutes of 1974 for those local miscellaneous and those local safety members hired prior to October 1, 1981. Section 20461.6 (Reduction of Benefits), applied to Section 20930.3, Statutes of 1974 (Military Service Credit) for local miscellaneous and local safety members hired on or after October 1, 1981 and applicable to Section 21252.01 (2% @ 50 Full formula) for those local fire members members hired on or after October 1, 1981. Section 20024.2 (One-Year Final Compensation). Public Agency, in accordance with Government Code Section 20740,' ceased to be an #employer" for purposes of Section 20759 effective on December 16, 1975. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20759, and accumulated contributions therea£ter shall be held by the Board as provided in Government Code Section 20759. 10. Public Agency shall contribute to said Retirement System as follows= ll. With respect to local miscellaneous members, the agency shall contribute the following percentages of salaries earned as members o£ said Retirement System= (1) 6.569 percent until June 30, 2000 on account of the liability for current service benefits. (Subject to annual change.) be With respect to local safety members, the agency shall contribute the following percentages of salaries earned as members of said Retirement System= (1) 16.717 percent until June 30, 2000 on account of the liability for current service benefits. (Subject to annual change.) Ce A reasonable amount, as fixed by the Board, payable in one in- stallment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the COSTS of special valuations or of the periodic investigation and valuations required by law. de A reasonable amount, as fixed by the Board, payable in one in- stallment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to'the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 12. Contributions required oE Public Agency and ltl employees shall'be paid by Public Agency to the ~etirement System within £1£teen daye after the end of the period to which said contributions refer or ms may be prescribed by Board regulation. If more or less than the correct amount of coatributions is paid fO~ any period~ prope~ adjustment sha~! be made in connec~ion ~lth subsequent remittances, Adjustments on account of errors ~n contributions required o~ an~ employee may be mede by direct payments between the employee and the Board. B. ThiSjanuaryamendment shall, be effectiv~0on, 19 . the first day of BOARD OF. ADMINISTRATION PUBLIC EMPLOYEES~ RETIREMENT SYSTEM CITY COUNCIL OF THE CITY OF SANTA ANA BY CHIEF, CONTRACT SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM Presiding O/fice~ / Wltneee Date PENS-CON-702 (AMENDMENT) (Rev. 6/88) - D(J C OPER --ciTY A'r'I O NEY Attest: Approved as ocontent