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HomeMy WebLinkAbout84-109RESOLUTION NO. 84-109 A RESOLUTION OF THE CITY COUNCIL OF T~E CITY OF SANTA ANA DECLARING INTENTION TO A~PROVE 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 WHEBEAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said law; and WHEREAS, one of the steps in the procedure to amend this contract is the adoption by the legislative body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolu- tion shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide Section 20024.2 (One-year final compensation) for local miscellaneous members only. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana: 1. That the City Council of the City of Santa Ana does hereby give notice of intention to approve an amendment to the contract between the said governing body and the Board of Administration of the Public Employees' Retirement System, a copy of said emend~ent being attached hereto, as an "Exhibit" and by this reference made a part hereof. 2. That this Resolution shall be operative from and after September 17, 1984. ADOPTED this 17th day of September, 1984, by the following vote: ATTEST .' CEoC -JTco ~R~. w~embour§er, May~ COUNCILMEMBERS: Luxembourger Aye Griset Aye'" Acosta 7~ Bricken ~ Johnson Aye McGuigan Aye, Young Aye APPROVED AS TO FORM: EDWARD ~. OOPE - CITY ATTO~ "EXHIBIT A" ~ND~ TO CONTRAC? BETWEEN BOARD OF ADNINISTNATION OFTHE P~BLIC EMPLOYEES~ RETINEMENT SYSTEM AND CI'I~ COUNCIL The Board of ldmlnlstratt~f~i,c Employeem' Retirement System, herein- after referred to as Board, and the-~gv~.ing body of above p~blic agency, " hereinafter referred to as Public Agenc~nS entered into a contract tire July 1, 19#?, and witnessed November ~/~6., and aa amended effective OctOber 1, 1951, February ~, ~gq, September ~,~'~, July ~, ~959, November 1~60, September ~ 1963, April ~, ~6~, February ~, 19~, January ~, November ~, 1970, June ~, 197~, December 1~, ~976, December ~, ~978, October 1981, and July 1, ~98#, which provides ~o~ participation of Public A~ency in said System, Board and Public Agency hereby agree as follows: Am Paragraphs I through 12 are hereby stricken from said contract as executed effective July 1, 198,, and hereby replaced by the Following paragraphs numbered 1 through 12 incluaive~ All words and term~ used herein which are defined in the Public Employ- ~s' Retirement Law shall have the meaning as defined therein unless herwiae specifically provided, eNormal retirement age* shall mean age 60 For local miscellaneous members, a~e. 50 For those local safety members hired prior to October 1, 1981, and a~e 55 For those local safety members hired on or after October 1, 1981, Public Agency shall participate in the Public Employees* Retirement System fi'em and after July I, 1gq7 makin~ it~ employees aa hereinafter provided, members of said System ~ubJeot to all provisions of the Public Employees~ Net~rement Law except such as apply only on election of a contracting agency and are not provided for here~n and to all amendments to said Law hereafter enacted except those, which by express provEsions thereof, apply only on the election of a contracting agency. Employees of Public Agency in the following classes shall become mem- bers of said Retirement System except such in each such class as are excluded by law or this a~reement~ a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to ss local safety members); e. Employees other than local safety members (herein referred t~ as local miscellaneous members). In addition to t~<~.~ee of employees ezoluded fi"om membereh/p by eaSd ~etSrement Law. [tie~c~0wln~cleasas of employee, ,hall not become lambers of amid Ret~/ystem= The fi"action of final compen~etion to be provided for each year of credited prior and current service as · local ,decellaneoue member ·hall be determined in accordance ~dth Section 21251.13 of said Retirement Law (2~ st age ~0 Full), T~e fraction of final compensation to be .provided for each year o~ cr~lted prior and current service for those local safety me-~era hired on or a~er October 1, 1981 ~alI be determiped in accordance w/th Section 212§2,6 of said Retire~ent law (21 et age 55 Full), The fraction of final com~ensation to be provided for each year of credited prior and current service for those lonal safety members h/red prior toroctober 1~ 19~1 shall be determined in aocordance with Section 21252,01 of said Retiremeut Law (2[ at age 50 Full). The follo~ing additional provisions of the Public ~ployees' Retire- ment Law, which apply only upon election of a contracting agency, shall applt to the Public Agency and tie employees: ac Sections 21380-21387 (1959 Survivors Program) excluding Section 21382.2 (Increased 1~59 Survivors benefits), b~ Sections 2126~/2126~.1 (Post-retirement survivor allowance). S~ction ~0930,3 (~ilitary service credit) as defined in Chapter 1~7, Statutes of 197~, for those local miscellaneous and those local safety members hired prior to October 1, 1981. de Section 20#61.6 (~eduction of benefits), applied to Section 20930.3, Statutes of 197q (Nllitary service credit) for local miscellaneous and local safety members hired on or after October 1, 1981, and applicable to Section ~12S2.01 (from 2~ ~ 50 Full fomula to 2[ ~ 55 Full fomula) for those local safety ·embers hired on or after October 1~ 1981. eo Section 2002~.2 (One-year final cc~pens~tion), for local fire and local miscellaneous lee~bers only, Public Agency, in accordance ~th Section 20740, Government Code, ceased to be an #emplpyer" for ~urpoeea of Chapter 6 of the Public Employees~ Rebirenent Law effective on December 16. 1976. Accumulated contributions of Public A~ency as of the aforementioned date shall be fixed and determined as provided in Section 20759, Government Code, end eccumulated contributions se of the aforementioned date and con- tributtons thereafter mede ahall be held by the Boerd ma provided In Section 20759, Government Code. 10. 12. ~4~)~ id Xetirement at m aa Public J.&ency ahi~4-~buteto ii S¥ · follove~ I. ¥~th respect to local ~s~r~eoua lembera~ ~he i~enoy ~al~ contribute the follovZng pi~es of mon~ly aal~Zea.earned (1) 0,172 percent ~til J~ne )0, 2000 on account of ~he lia- bility ~or prio~ service benefl~a. (SubJ~ ~ annua~ change.) (2) 1#.507 percent until June 30, 2000 on account of the lia- bility for current service benefits. (Subject to annual change.) With respect to local ~afety members, the agency shall contribute the following percentages of monthly aalariea earned aa local safety membera of said Retirement System= (1) 27.~00 percent until June 30, 2000 on account of the lia- bility for current s?vice benefits. (Subject to annual change.) A reaeonable amount, aa fixed by the Board, payable in one atall~ent within 60 days of date of contract to cover the costa 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 in- stallment as the occasions arise, to cover the coats of special valuations on account of e~ployees of Public Agency, and costa o£ the periodic lnveatlgatlon and valuations required by law. Contributions required of Public Agency and its employees shall be subject to adJuatment by Board on account of amendmenta to the Public r~ployees' Retirement Lay, and on account of the experience under the Retirement System as determined by the pertodlc investigation and valuation required by said Retire~ent Law. Contributioqs required of Public Agency and its e;ployees shall be paid by Public Agency to the Retirement Syetem within thirty days a~ter the end of the period to w~lch said contributions reffer or as may be prescribed by Board regulation. If more or leas than the cor- rect amount of contributions is paid for any period, proper adjustment shall be made in connection w/th subsequent remittances, or adjust- meets o~ account of errors in contributions required off any employee may be made by direct cash payments between the e~ployee and the Board. B, This a~end~en~ a~I! be effective on the day of , Yttne=s our hands ~he day of BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMEFr SYSTEM BY 'vu~ L-,_ SIDNEY C. MeCAUSLAND, EXECUTIVE OFFICER Approved as to form: CITY COUNCIL OF THE CITY OF SANTA ANA BY ,, Prealding Officer Attest: Margare% J. %ehn, L~EfiOffi~ce,-Date!~ Clerk PERS CON-702