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Home My WebLink About2002-070 - Public Employee's Retirement SystemRESOLUTION NO. 2002-070 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA GIVING NOTICE OF ITS 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 PUBLIC EMPLOYEES' RETIREMENT SYSTEM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: The Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System (PERS) by the execution of a contract, and sets forth the procedures by which any such public agency may elect to subject themselves and their employees to amendments to said Law. One of the steps of such procedure to amend a contract between the public agency and PERS is the adoption by the governing board of the public agency of a resolution giving notice of its intention to approve an amendment of its contract with PERS, which resolution by law shall contain a summary of the changed proposed to said contract. The following is a summary statement of a proposed change in the contract between the City of Santa Ana and PERS: To provide Section 21574 (Fourth Level of 1959 Survivor Benefits) for local safety members and local miscellaneous members. The Fourth Level of 1959 Survivor Benefits are available for CalPERS 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. 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 $2280. A spouse with one eligible child or a surviving family of two eligible children will receive a monthly allowance of $1900. Resolution No. 2002-070 Page 1 of 3 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 Benefits. 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. 2. This City Council of the City of Santa Ana, as the governing body of a public agency which has a contract with PERS, does hereby give notice of intention to approve an amendment of the contract between itself and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto as Exhibit A and by this reference made a part hereof. ADOPTED this 3__.~ day of September, 2002. APPROVED AS TO FORM Joseph W. Fletcher, City Attorney i~/a ~ ra sheedy // Assistant City Attorney Resolution No. 2002-070 Page 2 of 3 AYES: NOES: ABSTAIN: Councilmembers: Alvarez, Bist, Franklin, McGui~lan, Pulido, Solodo (6) Councilmembers: None (0) Councilmembers: None (0) NOT PRESENT: Councilmembers: Christy (1) CERTIFICATE OF ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby certify the attached Resolution No. 2002-070 to be the original resolution adopted by the City Council of the City of Santa Date: ~'~/~//~ oQ, Clerk of'the Council ' City of Santa Aha Resolution No, 2002-070 Page 3 of 3 CalPERS California Public Employees' Retirement System EXHIBIT AMENDMENT TO CONTRACT Be~e~een the Board of Administration California Public Employees' Retirement System and the City Council City of Santa Ana 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 April 5, 2002 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: Paragraphs I 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. EXHIBIT A Resolution No. 2002-070 1 DO t OT S,=N 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). 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 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 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 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. EXHIBIT A 2 Resolution No. 2002-070 Section 20475 (Different Level of Benefits Provided for New Employees). Section 21024 (Military Service Credit as Public Service), Statutes of 1974, is not applioalbe to local miscellaneous members and local safetY members entering membership after October 1, 1981. d. Section 20042 (One-Year Final Compensation). e. Section 20903 (TWo Years Additional Service Credit). f. 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 1959 Survivor Benefits). Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes 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: 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 shall 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 valuatibns or.of the periodic investigation and valuations required by law. EXHIBIT. A Resolution No. 2002-070 3 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 fifteen days after the end of the period to which said contributions refe( 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 9~p. loyee and the Board. B. This amendment shall be e.ff~e~c)t~ve on the __ day of BOARD OF ADMINISTRATION~~ CITY COUNCIL PUBLIC EMPLOYEES' RETI~.'~VlENT SYSTEM CITY OF SANTA ANA KENNETH W. MARZ~,'CHIEF · PRESIDING OFF~ ACTUARIAL & EMBER SERVICES DIVISION PUBLIC EMPLOYS' RETIREMENT SYSTEM A~est: Clerk AMENDMENT PERS*CON-702A (Rev. 8\96) Resolution No. 2002-070 EXHIBIT A 4