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HomeMy WebLinkAboutNS-2220 - Authorizing an Amendment to the Contract Between the City Council of the City of Santa Ana and the Board of Administration of the Califronia Public Employees Retirement System071 ORDINANCE NS-2220 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. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That an amendment to the contract between the City of Santa Ana and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said agreements being attached hereto, marked as "Exhibit A" and "Exhibit B" and by such reference made a part hereof as though 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. ADOPTED this 16th ATTEST: Clerk of the Coun~/ COUNCIL,MEMBERS: Young Aye Pulido Aye Lutz Aye McGuigan Aye Mills Aye Moreno Aye Richardson Aye day of May , 1994. APPROVED AS TO FORM: EDWARD ~ C OP~ City Attorney 94PERS.ORD 072 CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance of Santa Ana on with the Charter of the City of Santa Ana. to be the original ordinance adopted by the City Council of the City ~ ~, ,,~/t ; and that said ordinance was published in accordance City of Santa Ana AMENDMENT TO CONTRACT BEI'WEEN TIlE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY COUNCIL OF THE CITY OF SANTA ANA EXHIBIT 073 The Board of Administration, Public 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 luly 1, 1947, and witnessed November 25, 1946, and as amended effective October 1, 1951, February 1, 1954, September 1, 1956, July 1, 1959, November 1, 1960, September 1, 1963, April 1, 1964, February I, 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, July I, 1985, February 1, 1990, July 1, 1990, December 5, 1991 and April 15, 1993, 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 April 15, 1993, 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 and age 50 for local safety members. 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 and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting 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); b. Local Police Officers (herein referred to as local safety members); © c. Employees other than local safety members (herein referred to as local miscellaneous members). 074 [EASE DO NOT $ GN "EXHIBIT ONLY Exhibit A 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 ADDIllONAL EXCLUSIONS The percentage 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 safety member shall be determined in accordance with Section 21252.01 of said Retirement Law (2% at age 50 Full). Public Agency elected to be subject to the following optional provisions: Sections 21380-21387 (1959 Survivor Benefits) excluding Section 21382.2 (Increased Level of 1959 Survivor Benefits) and Section 21382.4 (Third Level of 1959 Survivor Benefits) for local fire members only. b. Sections 21263, 21263.1 and 21263.3 (Post-Retirement Survivor Allowance). Section 20930.3 (Military Service Credit as Public Service), Statutes of 197-*. for those local miscellaneous members and local safety members entering membership prior to October 1, 1981. Section 20461.6 (Different Level of Benefits). Section 20930.3 (Military Service Credit as Public Service), Statutes of 1974, is not applicable to local miscellaneous members and local safety members entering membership on or after October 1, 1981. e. Section 20024.2 (One-Year Final Compensation). f. Section 20818 (Two-Years Additional Service Credit). Sections 21380-21387 (1959 Survivor Benefits) including Section 21382.4 (Third Level of 1959 Survivor Benefits) for local miscellaneous members and local police members only. Public Agency, in accordance with Government Code Section 20740, ceased to be an "employer" for purposes of Section 20759 effective on December 16, 1976. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20759, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20759. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to Iocal miscellaneous members and local safety members of said Retirement System. 10. Public Agency shall also contribute to said Retirement System as tbllows: 075 Exhibit A 11. 12. A reasonable amount, as fixed by the Board, payable in one installment 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. A reasonable amount, as fixed by the Board, payable in one installment 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. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the BOARD OF ADMINISTRATION PUBLIC EMPLO~i~fS' RETIREMENT SYSTEM CHIEF, CONTRACT SI~VICES DIVISION PUBLIC EMPLOYEES' ~[3TIREMENT SYSTEM PERS-CON-702 (AMENDMENT) (Rev. 10/92) day of ,19 CITY COUNCIL OF THE CITY OF SAv~A ANA BY ('~ Presiding Of-~r Witness Date ' ~ Attest: %~ Clerk e 076 Exhibit B AGREEMENT AUTHORIZING THE RELEASE OF 1959 SURVIVOR BENEFITS ASSETS AND LIABILITIES INTO THE THIRD LEVEL 1959 SURVIVOR BENEFIT POOL BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY COUNCIL OF THE CITY OF SANTA ANA WHEREAS, the City Council of the City of Santa Ana has adopted a Resolution of Intention to include in its contract with the Board of Administration, Public Employees' Retirement System, Government Code Section 21382.4, Third Level of 1959 Survivor Benefits for local miscellaneous members and local police members only, as provided under Government Code Sections 21380-21387; and WHEREAS, Government Code Section 21382.4, requires all assets and liabilities of all contracting agencies subject to this section, and their employees who are covered by this section, to be pooled into a single account; NOW, THEREFORE BE IT AGREED, accumulated and/or future contributions required of the City of Santa Ana and its covered employees are to be released, pursuant to the provisions of Govermment Code Section 21382.4, to a single account referred to herein as the Third Level 1959 Survivor Benefits Pool. BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY COUNCIL OF THE CITY OF SANTA ANA By By CHIEF, CONTRACT SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM APPROVED~S TO FORM s Wa[o COOPSR CI~O~NFV Presiding Officer Date C0505 (Rev. 2/94) PUBLIC EMI~LOYEES' RETIREMENT SYSTEM Contract Services Division Public Agency Contract Services P. O. Box 942709 Sacramento, CA 94229-2709 (916) 326-3420 (916) 326-3240 (TDD) 077 CERTIFICATION OF COMPLIANCE WITH GOVERNMENT CODE SECTION 7507 I hereby certify that in accordance with Section 7507 of the Government Code the future annual costs as determined by the System Actuary and/or the increase in retirement benefit(s) have been made public at a public meeting of the (governing body) of the on (date) R~olution/Ordinance. (public agency) which is at least two weeks prior to the adoption of the Date Clerk/Secretary 0 0 Title PERS-CON- 12A C0601 (Rev. 12/92)