HomeMy WebLinkAboutNS-2514 - Authorizing an Amendment to the Contract Between the City Council of the City of Santa Ana and Board of Administration of the Californa Public Employees Retirement SystemORDINANCE NO: NS -2514
AN ORDINANCE OF THE CITY COUNCIL 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 ORDAINS AS FOLLOWS:
SECTION 1: The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
The Fourth Level of 1959 Survivor Benefits are available for California
Public Employees' Retirement System (PERS) members whom Social
Security does not cover under their current employment. CalPERS
structures this benefit to provide a monthly allowance to the families of
workers who die before retirement.
As Social Security Benefits have improved over the years, additional levels
of the CalPERS 1959 Survivor Benefit program have been added. The
fourth level of benefits will provide a monthly allowance payable to eligible
survivors as follows:
A spouse with two or more eligible children, or a surviving family of
three or more eligible children will receive a monthly allowance of
$228O.
=
A spouse with one eligible child or a surviving family of two eligible
children will receive a monthly allowance of $1900.
A surviving family of one eligible child, or a surviving spouse of age
60 or older or a dependent parent will receive a monthly allowance of
$950.
In accordance with provisions of the current Memorandum of
Understanding between the City and the Police Officers' Association and to
provide uniform benefits to all employees, the City agreed to amend its
current contract with PERS to provide the Fourth Level of 1959 Survivor
Benefit.
There is no immediate fiscal impact to the City associated with this
ordinance as the employer centdbution rates are not expected to increase
for the next five years.
Ordinance No, NS-2514
Page 1 of 6
SECTION 2: That 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 is hereby authorized, in accordance with the terms of Exhibit A to this
Ordinance which is attached hereto and by this reference made a part hereof.
SECTION 3: That the City Attorney is hereby directed to prepare and the City
Manager and Clerk of the Council are hereby authorized, empowered and directed to
execute said amendment for and on behalf of the City of Santa Ana.
ADOPTED this 7th day of October, 2002.
.-Pulidb
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By: "
L ee
A~sis~nt City (~ttomey~
AYES:
Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers:
Alvarez, Bist, Christy, Franklin, McGuigan, Pulido,
Solorio (7)
None (0)
None
None (0)
CERTIFICATE OF ORIGINALITY & PUBLICATION
I, PATRICIA E. HEALY, Clerk of the Council, do hereby certify the attached Ordinance
No. NS-2514 to be the original ordinance adopted by the City Council of the City of Santa
Ana on October 7, 2002; and that said ordinance was published in accordance with the
Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
Ordinance No. NS-2514
Page 2 of 6
CalPERS
EXHIBIT
California
Public Employees' Retirement System
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
C~ Council
City of Santa Ama
The Board of Administration, California Public Employees' Retirement System,
hereinafter referred to as Board, and the governing body of the above public agency,
hereinafter referred to as Public Agency, having entered into a contract effective July 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 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, July 1, 1985, February 1, 1990, July 1, 1990, December 5, 1991,
April 15, 1993, June 16, 1994, January 1, 1995, December 5, 1995, July 5, 2000, March
8, 2001, July 1, 2001 and Apdl 5, 2002 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 5, 2002, and hereby replaced by the following paragraphs
numbered 1 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 55 for local miscellaneous members and age 50 for local safety
members,
Ordinance No. NS-2514
Page 3 of 6
c' F DO S,uN' "EXHIRIT ONLY"
Public Agency shall participate in the Public Employees' Retirement
System from and after Jul,, 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);
Local Police Officers (herein referred to as local safety members);
Employees other than local safety members (herein referred to as
local miscellaneous members)·
I~ additio~ to the classes of employees excluded from membership by
said Retirement Law, the foli0wing classes of employees shall not become
members of said Retirement System:
NO ADDITIONAL 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 21354 of said Reti~'ement 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 safety member shall be
determined in accordance with Section 21362;2 of said Retirement Law
(3% at age 50 Full).
Public Agency elected and elects to be subject to the following optional
proVisions:
a. Sections 21624 and 21626 (Post-Retirement Survivor Allowance).
Section 21024 (Military' Service Credit as Public Service), Statutes
of 1974 for those local miscellaneous members and local safety
members entering membership prior to October 1, 1981.
Ordinance No. NS-2514
Page 4 of 6
Section 20475 (Different Level of Benefits Provided for New
Employees). Section 21024 (Military Service Credit as Public
Service), Statutes of 1974, is not applicalbe to local miscellaneous
members and local safety members entering membership after
October 1, 1981,
d. Section 20042 (One-Year Final Compensation).
Section 20903 (Two Years Additional Service Credit).
Section 21548 (Pre-Retirement Optional Settlement 2 Death
Benefit).
g. Section 21024 (Military Service Credit as Public Service), Statutes
of 1976.
h. Section 20965 (Credit for Unused Sick Leave) for local
miscellaneous members only.
i. Section 21574 (Fourth Level of t959 Survivor Benefits),
Public Agency, in accordance with Government Code Section 20790,
ceased to be an "employer" for pu[poses of Section 20834 effective on
December 16, 1976. Accumulated contributions of Public Agency shall be
fixed and determined as provided in Government Code Section 20834,
and accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20834.
Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuations of prior and future service liability with
respect to local miscellaneous members and local safety members of said
Retirement System.
10. Public Agency shall also contribute to said Retirement System as follows:
· a.
Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21574 of said Retirement
Law. (Subject to annual change.) In addition, all assets and
liabilities of Public Agency and its employees shati be pooled in a
single account, based on term insurance rates, for survivors of all
local miscellaneous members and local safety members.
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.
Ordinance No. NS-2514
Page 5 of 6
A reasonable amount, as fixed by the Board, payable in one
in..tallment 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;
11.
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 of Public Agency and its employees shall be paid
by Public Agency to the Retirement System within f'ffteen days after the
end of the pedod 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 e..mpJoyee and the Board.
B. This amendment shall be ef. etq~ve on the day of __,
BOARD OF ADMINISTRATIOI'.~~'~ CITY COUNCIL
PUBLIC EMPLOYEES' RET..~,_~.EA4ENT SYSTEM · CITY OF SANTA AHA
KENNETH W. MARZ~-~.~I,' CHIEF PRESIDING OFFER
ACTUARIAL & EM..~,'~ER SERVICES DIVISION
Attest:
Clerk
AMENDMENT
PERS,CON-702A ,(Rev, 8~96)
Ordinance No. NS-2514
Page 6 of 6