HomeMy WebLinkAboutResolution 82-71b_wOLUTION NO, 82-71
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA
AUTHORIZING AN AMVWDRMXT TO CORRECT AN ERROR IN THE CONTRACT BETWEEN THE
CITY OF SANTA ANA
AND THE
BOARD OF ADMINISTRATION, PUBLIC VMPLOYMES' RETIREMENT ,SYSTEM
WHEREAS, the City Council of the City of Santa Ana hereinafter referred to as
Public Agency, and the Board of Administration of the Public
Employees' Retirement System entered into as contract effective July 1,
1e947 providing for the participation of Public Agency in the Public
Employees' Retirement System; and
WHEREAS, seaid contract was amended effective October 1, 1981. However, due to
an inadvertent omission Age 50 discount (;lection 20952.5) was deleted
when the contract was amended to include 2% @ 50 £Full, formula. An
amendment for a reduction in benefits (Section 20461.6) to 2% 0 55
Full formula for future safety employees requires the agency to become
mandatorily subject to age 50 discount again; and
WHEREAS, Rection 20461 of the Government Code provides that errors in a
contract may be: corrected through contract error amendments executed
by the adoption of suitable resolutions by the contracting parties;
NOW, THEREFORE BE IT RESOLVED, that said governing body of .Public Agency
authorizes, and it does hereby authorize, o contract error amendment
to said contract effective October 1, 19131 as follows:
A. The paragraph 7,f shall be added to said contract as follows:
Section 20952.5 (Age 50 voluntary retirement) for local safety
members only.
BE IT FURTHER RESOLVED, that the presiding officer of the governing body of
Public Agency be and is hereby authorized, empowered, and directed to
execute said amendment for .and on behalf" of Public Agency.
Adopted this 7th day of June__. _ 19 gZ
BOARD OF ADMINISTRATION
PUBLIC EMPLOYERS' RETIREMENT SYSTEM
Carl J Blechi er,Exe•utivc Of' car
s
BYE
Si y C. icausi �q, eput pExecutive Officer
Approved as to form;!�1 0
CITY COUNCIL
OF THE
CITY OF SANTA ANA
cv
13Y
Presiding Off :or
GORDON BRICKEN, MAYOR
Attest:
t' `Z
Ele e r,'Legal Office, PERS �NIF C. GUY
GwLERK OF THE COU CIL_
0upLasm
_y1uy ACyurjiey,i y of Santa Ana
MAYOR
Gordon Bricken
VICE MAYOR
R. W. Luxembourger
COUNCIL MEMBER
John Acosta
Daniel E. Griset
). Ogden Markel
Patricia A. McGuigan
Alfred C. Serrato
CITY MANAGER
A.). Wilson.
CITY ATTORNEY
Edward J. Cooper
CLERK OF THE COUNCIL
Janice C. Guy
I
June 11; 1982
Ms. Ellen H. Baltezore, Chief
Contracts Division
Public Employees' Retirement System
P.O. Box 1953
Sacramento, CA 95809
Dear Ms. Baltezore:
20 CIVIC CENTER PLAZA • P.O. BOX 1988
SANTA ANA, CALIFORNIA 92702
(714) 834-4906
Enclosed are two certified copies of Resolution No. 82-71 authorizing amend-
ment to the City of Santa Ana's contract with P.E.R.S. to correct an error
of omission. This resolution was duly approved by the Santa Ana City
Council on June 7, 1982.
Please execute both copies of the resolution on behalf of P.E.R.S. and
return one copy for our permanent files.
Sincerely,
CLERK OF THE COUNCIL
By; Nancy yron Dean
Asst. lerk of the
Enclosures
Council
STATE OF CALIFORNIA EDMUND G. BROWN 1R Governor
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
1416 NINTH STREET, P,O. BOX 1953 a
SACRAMENTO, CALIFORNIA 95809
Telephone (916) 445_6570
March 1, 1982
Employer Code #137
Mr. D.E. Bott 4/a
Director of Personnel kA City of Santa Ana ®'982
20 Civic Center Plaza 61" of
Santa Ana, CA 92701
oeYSp'pe� aoparA PNA
Dear Mr. Bott:
Enclosed are copies of the Resolution Authorizing An Amendment to Correct An
Error In The Contract.
This will correct the error made in your contract when your agency provided for
a reduction in benefits from 2% @ 50 Full formula to 2% @ 55 Full formula for
future local safety members and Age 50 Voluntary Retirement for local safety
members, Government Code Section 20952.5 was omitted. This amendment will
correct your contract retroactive to October 1, 1981 - the date this error was
made.
Form CON -12, Certification of Governing Body's action, is also enclosed. When
your governing body has adopted the enclosed Resolution, please return two
executed copies to this office together with the form CON -12 certification. A
copy of the error amendment will be returned for ,your records after it has been
signed by our Executive Officer.
If you have any question, please do not hesitate to contact this office.
Sincerely yours,
1L/'
Ellen H. Baltezore, Chief
Contracts Division
EHB/KMK:ddw
Enclosure
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL
AGENDA DATE
June 7. 1982
TITLE RESOLUTION AUTHORIZING AN AMENDMENT
TO THE CITY'S CONTRACT WITH P.E.R.S.
TO CORRECT AN ERROR OF OMISSION
DATE OF COUNCIL ACTION L- "1 -
6- +�.4wfi'L"'"..rr ,� c
CITY MANAGER / CLERK OF THE COUNC
ACTION ( //
It is recommended that the City Council adopt the attached Resolution authorizing the
Mayor to execute an amendment to correct an error in the contract between the City of
Santa Ana and the Board of Administration of the Public Employees" Retirement System
(P.E.R.S.).
EXECUTIVE SUMMARY
Effective October 1, 1981, the City amended its contract with P.E.R.S. to provide a
different level of benefits for new employees hired on or after that date, including a
reduction of the 2% at Age 50 benefits formula for future police and fire safety employees
to the 2% at Age 55 formula. However, the contract amendment prepared by the P.E.R.S.
staff inadvertently omitted a mandatory provision regarding the actuarial discounting
(reduction) of pension benefits for such future safety employees who might choose to take
a service retirement after age 50 but prior to attaining age 55.
Section 20461 of the Government Code provides that errors in a contract may be corrected
through contract error amendments executed by the adoption of suitable resolutions by the
contracting parties. Adoption of the attached Resolution prepared by P.E.R.S. authorizes
the Mayor to execute said contract error amendment for and on behalf of the City of Santa
Ana.