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HomeMy WebLinkAbout89-119 -- 169 RESOLUTION NO. 9-ll9 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 ~J~i]liISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEE'S RETIREMENT SYSTEM (PERS). WI~gREAS, 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 W~REAS, the following is a statement of proposed change: To provide Section 21252.01 (2% at Age 50 Full Formula) for all local police safety members. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Aha: 1. That the City Council of the Clty of Santa ~ma does hereby give notice of intention to approve an amendment on December 18, 1989 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 November 20, 1989. ADOPTED this 2Oth day of November, 1989. ATTEST: COUNCIL MEMBERS: APPROVED AS TO FORM: City Attorney Young Aye Acosta Aya McGuigan AyP Griset Aye May Ay~ Pulido Aye Norton Aye AMENI~4ENT TO CONTRACT BE~N 'rm BOARD OF AIIMINISTRATION CITY CO. IL OF 'l'~ CITY OF ~A ~ 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 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 and July 1, 1985, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: ao Paragraphs 1 through 12 are hereby stricken from said contract as executed effective July 1, 1985, 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 60 for local miscellaneous members, age 50 for local police members, age 50 for those local fire 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 Dn 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 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); b. Local Police Officers (herein referred to as local safety members); 12. 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 eaid 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 ~, 19 BOARD OF ADMINISTRATION PUBLIC EMPLOYEES~ RETIREM~T-SYSTEM CHIEF, CONTRAC~ERVICES DIVISION PUBLIC EMPLO S' RETIREMENT SYSTEM PERS-CON-702 (AMENDMENT) (Rev. 6/88) day of CITY COUNCIL OF THE CITY OF SANTA ANA ~ Presiding Office~r~ Witness Date Attest: ~A~ Clerk~" 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. 10. Public Agency shall contribute to said Retirement System as follows: With respect to local miscellaneous members, the agency shall contribute the following percentages of salaries earned as members of said Retirement System: (1) 6.569 percent until June 30, 2000 on account of the liability for current service benefits. (Subject to annual change.) (1) With respect to local safety members, the agency shall contribute the following percentages of salaries earned as members of said Retirement System: 16.717 percent until June 30, 2000 on account of the liability for current service benefits. (Subject to annual change.) 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. 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. 11. Contributions required of Public Agency and its employees ~hall 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. ~mployees 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 E][CLUSlONS 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 fire member who entered into membership on or after October 1, 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 Agenoy and its employees: ao 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 o~ 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. e. Section 20024.2 (One-Year Final Compensation).