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HomeMy WebLinkAbout85-064RESOLUTION NO. 85-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING INTENTION TO APPROVE 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 WHEREAS, 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 resolution 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 police safety 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 amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof. 2. That this Resolution shall be operative from and after May 20, 1985. ADOPTED this 20th day of May , 1985, by the following vote: ATTEST: ~_~ DANIEL E. GRISET, MAYOR COUNCILMEMBERS: Griset Aye Luxembourger ~'~¥e Acosta Aye Bricken Aye Johnson A)ze McGuigan A)ze Young A)ze APPROVED AS TO FORM CITY ATTORNEY EDWARD J. COOPER / t~on~f~"'ic Em lo ecs' Retirement S stem herein- The Board of Administrat , ~c~, p y y , after referred to as Board, and the-~v~ing bcd]; of above public &&ency, hereinafter referred to as Public Agene~y~ng'entered into a contract effec- tive July 1, 19q?, and witnessed November 2~{/~6.! _and as amended effective October 1, 1951, February 1, 19§q, September 1,-q~, July 1, 1959, November 1, 1960, September 1, 1963, April 1, 196~, February 1, 196§, January 16, November 1, 1970, June 1, 197q, Decenber 16, 197~, December 1, 1978, October 1, 1981, and July 1, 198~, which provides ~or participation of P~hlic Asency in said Syste~, Board and Public Agency hereby ngree as follows: A® Paragraphs 1 through 12 are hereby stricken fi-om said contract as executed effective July 1, 198q, and hereby replaced by the following paragraphs numbered 1 through 12 inclusive: A~i words and terms used herein ~flieh are defined in the Public employ- e~e.s' Retirement Law shall have the meaning aa defined therein unless otherwise specifically provided. Mormal retirement age shall mean age 60 for local adscellaneous members, age 50 for those local safety members hired prior to October 1, 1981, and age 55 for those local safety members hired on or after October 1, 1981. Public Agency shall participate in the Public Employees' Retirement System from and after July 1, 19q? making its e~ployees as hereinafter provided, eembers of said System subject to all provisions of the Public E~ployees' Rettreeent Lam except such aa apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except ~hose, ~hieh by express provisions thereof, apply only on the election of a contracting agency. Employees of Public Asency in the follouing classes shall become mem- bers of said Retirement System except such in each such class as are excluded by lam or this agreement~ a. Local Fire Fighters (herein referred to aa local safety members); bo Local Police Officers (herein referred to as local safety members); Employees other than local safety members (here~n referred to as local miscellaneous members). credited prior and ourrent service ~s ·loea/ ~ell~n~us ~all be de~ermin~ in aocord~ee ~th ~lon 21251.13 of Rettr~ent ~ (2~ Bt use 60 Full). The frsc.tion of final compensation to be provided for each year of credited prior and current service for those local safety members hired on or after October 1, 1981 ~hall be determined in accordance ir/th Section 21252.6 of Mid Retirement l~w (2~ at age 55 Full). The fraction of final compensation to be provided for each year of credited prior end current service for those local safety members hired prior to October 1, 1981 shallbe determined in accordance with Section 21252.O1 of said Retirement Law (2~ at age 50 Full). The following additional provisions of the Public Employees' Retire- meet Law, which apply only upon election of a contracting agency, shall apply to the Public Agency and its employees: Sections 21360-21387 (1959 Survivors Program) excluding Section 21382.2 (Increased 1959 Survivors benefits). b. Sections 21263/21263.1 (Post~retirement survivor allowance). Section 20930.3 (Hllltsry service credit) as defined in Chapter I~37, Statutes of 1976, for those local miscellaneous and those local ~afety members hired prior to October 1, 1981. Section 20q61.6 (Reduction of benefits), applied to Section 20930.3, Statutes of 197~ (Hilttary'service credit) for local miscellaneous and local safety members hired on or after October 1, 1981, and applicable to Section 21252.01 (From 2[ @ 50 Full formula ~o 2[ @ 55 Full formula) for those local safety ~embers hired on or after October 1, 1981. Section 20024°2 (One-year final cempensatinn), for local fire and local mlscellaneotm members only. Public Agency, in accordance ~/th Section 20?#0, Government Code, ceased to be an "employer" for purposes of Chapter 6 of the Public Employees' Retirement Law effective on December 16, 1975. Accumulated contributions of Public Agency as of the aforeBentloned date shall be fixed and determined as provided in Section 20759, Government Code, and accumulated contributions as of the aforementioned date and con- tributions thereafter made shall be held by the Board as provided in Section 20759, Government Code. 10. 11. 12. a. With respect to local ~ivsd~,neous me.bars, the sgenny shell contribute the following i~f~es of laonthly salaries.earned ss iooei mi alia .us ~etir.ent Syst.. (1) 0.172 percent ~til June 30, 2000 on account off the lia- bility For prior ~rvioe beneffits. (SubJ~t ~ ~nual change. ) (2) 1#.507 percent until June 30, 2000 on account of the lia- bility for current service benefits. (Subject to annual change. ) be With respect to local safety ~embers, the agency shall contribute the following percentages of ~onthly salaries earned es local safety members of said Retirement System: (1) 27.300 percent until June 30, 2000 on account of the lia- bility for current s~rvlce benefits. (Subject to annual change.) C® 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 ~he employees of Public Agency, not including the scats 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 costs of special valuations on account of e~ployees of Public Agency, and costs of the periodic investigation and valuations required by law. Contributions required of Public Agency and its e~ployees 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 Betirament Law. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System ~lthin thirty days after the end of the period to M~leh said contributions refer or as may be prescribed by Board regulation. If ~ore or less than the cor- rect amount of contributions is paid for any period, proper adjustment shall be Lade in connection ~ith subsequent remittances, or adjust- manta oH account of errors in contributions required of any employee may be made by direct cash payments between the e~ployee and the Board. B. T~,, 8menduent, sbu:3.! be eff'e~t.'tve on t, be .~ day of' N~tnes8 our hands the day o~ J ly · 19 . BOARD OF II)MI~I$?P,i?ION CIT~ CO~#¢IL PUBLIC ENPLOYEES' RL:"I*IRI~£NT BYSIDNZY C. HeCAUS~ND, ~'/~ , ~e~idin80ffioer X cmvE Approved as Clerk PERS CON-?02