HomeMy WebLinkAboutAmendment-94-159�VALIFORN.
®PERS
Actuarial Office
P.O. Box 942709
Sacramento, CA 94229-2709
Telecommunications Device for the Deaf - (916) 326-3240
(916) 326-3420 FAX - (916) 3264005
July 13, 1995
Ms. Lucy Lanzer
Benefits & Compensation Manager
City of Santa Ana
P.O. Box 1988
Santa Ana, CA 92702
Dear Ms. Lanzner:
Employer Code #0137
The contract amendment has been executed by CalPERS. The effective date of the contract amendment
is January 1, 1995.
If you have any questions, please do not hesitate to contact Ellie Wright, the Retirement Specialist who
has been assisting your agency with its contract activity at the above address and or phone number.
Sincerely,
�C C�--BFF7.,
Darlene Eredia
Public Agency Contract Services
Actuarial Office
Attachment
C0308 (Rev. 1/95)
California Public Employees' Retirement System
Lincoln Plaza - 400 P Street - Sacramento, CA 95814
v
AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF SANTA ANA
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, July 1,
1985, February 1, 1990, July 1, 1990, December 5, 1991, April 15, 1993 and June 16, 1994, which
provides for participation of Public Agency in said System, Board and Public Agency hereby agree as
follows:
A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective June 16,
1994, 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 and age 50
for local safety members.
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 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.
3. 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);
C. Employees other than local safety members (herein referred to as local
miscellaneous members).
4. 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 21251.13 of said Retirement Law (2% at age 60 Full).
6. 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
21252.01 of said Retirement Law (2% at age 50 Full).
Public Agency elected and elects to be subject to the following optional provisions:
a. Sections 21263 and 21263.1 (Post -Retirement Survivor Allowance).
b. Section 20930.3 (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.
C. Section 20461.6 (Different Level of Benefits). Section 20930.3 (Military Service
Credit as Public Service), Statutes of 1974, is not applicable to local
miscellaneous members and local safety members entering membership on or
after October 1, 1981.
d. Section 20024.2 (One -Year Final Compensation).
Section 20818 (Two -Years Additional Service Credit).
Section 21382.4 (Third Level of 1959 Survivor Benefits), pursuant to Article 6,
(commencing with Section 21380).
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.
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:
a. Public Agency shall contribute $2.00 per member, per month on account of the
liability for the 1959 Survivor Benefits provided under Section 21382.4 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.
b. 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
valuations or of the periodic investigation and valuations required by law.
C. A reasonable amount, as fixed by the Board, payable in one installment 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 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 lst day of January 19 95
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
BY
CHIEF ACTUARY V
ACTUARIAL OFFICE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Approved a t" a;°m*ent
city 11!13nagar
APPROVED A5 TO FORM
CITY AiT=d
AMENDMENT
PERS-CON-702A (Rev. 3/95)
CITY COUNCIL
OF THE
CITY OF SANTE
Wd
0
Witness Nate
Attest:
N
Pulido, Mayor
I
/M Cler Janice C.`G
uy
PUBLIC EMPLOYEES' Rh', REMENT SYSTEM
Contract Services Division
Public Agency Contract Services
P. O. Box 942709
Sacramento, CA 94229-2709
(916) 326-3420
(916) 326-3240 (TDD)
CERTIFICATION OF GOVERNING BODY'S ACTION
I hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the
City Council
City of Santa Ana California
(public agency)
on 12 /19 /94
(date)
r
e k/Secretary
Clerk of the Council
Title
PERS-CON-12
C0600 (Rev. 12/92)
of the
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Employer Services Division
Public Agency Contract Services
P.O. Box 942709
Sacramento, CA 94229-2709
(916) 326-3420
CERTIFICATION OF COMPLIANCE WITH
GOVERNMENT CODE SECTION 7507
I hereby certify that in accordance with Section 7507 of the Government Code the future annual
costs as determined by the System Actuary and/or the increase in retirement benefit(s) have been
made public at a public meeting of the roti nC i l
(governing body)
of the City of Santa Ana California
(public agency)
on 1 t Z21 104 which is at least two weeks prior to the adoption of the
(date)
Resolution/Ordinance.
Date
r Secretary
Clerk of the Council
Title
PERS-CON-12A
(Rev. 8/94)
REQUEST FOR
COUNCIL ACTION Ed,c.on Asa
CITY COUNCIL
MEETING DATE December 19, 1994
TITLE EMERGENCY ORDINANCE AMENDING
CONTRACT WITH PUBLIC EMPLOYEES'
RETIREMENT SYSTEM
,a ----CITY MANAGER
ACTION
OF THE COUNCIL USE ONLY
[� As Recommended DEC 19 19 .1
❑ As Amended (see Minutes)
❑ Ordinance on 1st Reading
❑ Ord inance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
Continued to;
FILE NUMB (S):
A�.� - as �.sc
Adopt an emergency ordinance authorizing the amendment to the
contract between the Santa Ana City Council and the Board of
Administration of the California Public Retirement System
(Ordinance No. NS -2235) be effective January 1, 1995.
In order to comply with provisions of the current Memorandum of
Understanding with the Fire Benevolent Association (FBA), it is
necessary that the amendment be adopted under provisions of an
emergency ordinance in order to have an effective date of January
1, 1995.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Executive director
Personnel Services Agency
C.S. 383
ME
REL: 12/1194
ORDINANCE NO. NS -2235E
AN EMERGENCY ORDINANCE OF THE CITY OF
SANTA ANA AUTHORIZING 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, AND STAT-
ING THE REASONS FOR ITS URGENCY
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
SECTION 1: That an amendment to the contract between the City of Santa Ana
and the Board of Administration, California Public employee's Retirement System
is hereby authorized, a copy of said agreements being attached hereto, marked as
"Exhibit A" and "Exhibit B" and by such reference made a part hereof as though
herein set out in full.
SECTION 2: The mayor of the City Council of the City of Santa Ana is
hereby authorized, empowered, and directed to execute said amendment for and on
behalf of said agency.
SECTION 3: The abovesaid amendment shall be effective from and after
January 1, 1995.
SECTION 4: This ordinance is adopted as an emergency measure for
preserving the public peace, health or safety in accordance with section 415 of
the Charter of the City of Santa Ana. It has been introduced and adopted at the
meeting of the City council held on the date herein below stated and shall be
effective immediately in accordance with section 417 of the said Charter. The
reasons for the urgency of this ordinance are as follows: It is necessary that
the abovesaid amendment be effective on January 1, 1995. Due to the thirty day
period between the date of adoption of a regular ordinance and its effective
date, it is necessary that this ordinance be adopted as an emergency measure in
order to be effective on January 1, 1995.
ADOPTED this 19th day of December 1994.
ATTEST: 4; % K
uel A. ulido
ay or
a ice C. Guy
Clerk of the Counci
COUNCILMEMBERS:
Pulido Ave APPROVED AS TO FORM:
Richardson gye_
Espinoza yp /7
Lutz �-- Cy
McGuigan Aye Edward Co per
Mills A17P City Attorney
Moreno Ay
EXHIBIT „A„
AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF SANTA ANA
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, July 1,
1985, February 1, 1990, July 1, 1990, December 5, 1991, April 15, 1993 and June 16, 1994, which
provides for participation of Public Agency in said System, Board and Public Agency hereby agree as
follows:
A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective June 16,
1994, 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 and age 50
for local safety members.
2. 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 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);
b. Local Police Officers (herein referred to as local safety members);
Employees other than local safety members (herein referred to as local
miscellaneous members).
EXHIBIT "A"
iSC DC IN104T `EXNtBiT ONiLr
4. 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
5. 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).
6. 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
21252.01 of said Retirement Law (2% at age 50 Full).
7. Public Agency elected and elects to be subject to the following optional provisions:
Sections 21263 and 21263.1 (Post -Retirement Survivor Allowance),
Section 20930.3 (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.
C. Section 20461.6 (Different Level of Benefits). Section 20930.3 (Military Service
Credit as Public Service), Statutes of 1974, is not applicable to local
miscellaneous members and local safety members entering membership on or
after October 1, 1981.
d. Section 20024.2 (One -Year Final Compensation).
e. Section 20818 (Two -Years Additional Service Credit).
Section 21382.4 (Third Level of 1959 Survivor Benefits), pursuant to Article 6,
(commencing with Section 21380).
8. 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.
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:
Public Agency shall contribute $2.00 per member, per month on account of the
liability for the 1959 Survivor Benefits provided under Section 21382.4 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.
EXHIBIT "A"
b. 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
valuations or of the periodic investigation and valuations required by law.
C. A reasonable amount, as fixed by the Board, payable in one installment 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 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
BOARD OF ADMINISTRATION
PUBLI EMPLOYEES' RETIREMENT SYSTEM
BY
ACTING CHMI
EMPLOYER SERVICES DIVISION
PUBLIC EMPL%ES' RETIREMENT SYSTEM
I� A
ST
a�A
PERS-CON-702 (AMENDMENT)
(Rev. 8/94)
day of , 19
CI%COUNCIL
OF E
CIT*F SANTA ANA
Presidi'hgOfficer
ap
Witness Date
Attest:
Clerk
`,XHIBIT "B"
AGREEMENT
AUTHORIZING THE RELEASE OF
1959 SURVIVOR BENEFITS ASSETS AND LIABILITIES
INTO THE
THIRD LEVEL 1959 SURVIVOR BENEFIT POOL
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF SANTA ANA
WHEREAS, Government Code Section 21382.4 provides for a single employer rate to be established to
provide benefits under said Section on account of members employed by contracting
agencies electing to include the provision of said Section in their contracts; and
WHEREAS, Government Code Section 21382.4, requires pooling of all assets and liabilities of all
contracting agencies on account of benefits provided under Article 6, commencing with
Section 21380;
NOW, THEREFORE BE IT AGREED, that assets and liabilities of the City of Santa Ana and its
covered employees, on account of the benefits provided under Article 6, commencing with
Section 21380, shall be pooled pursuant to the provisions of Government Code Section
21382.4.
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF THE
CITY OF SANTA ANA
BY BY
ACTING CHIEF
EMPLOYER SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
PERS-CON-59 (Rev. 8/94)
Presiding Officer
Date
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL November 7, 1994
MEETING DATE
Education 1st
TITLE AMEND THE CITY'S CONTRACT WITH
THE PUBLIC EMPLOYEES' RETIREMENT
CITY MANAGER
RECOMMENDED ACTION
�ERK OF THE COUNCIL USE ONLY
Appr ved
As Recommended V 11994
As Amended (see Minutes)
[�Or-�nceon 1st Reading
Ordinance on 2nd Reading C 19
Implementing Resolution
Set Public Headnq For
Coninued to,
A0.9v�-Oyu c 0 5 1
FILE NUMBER(S):
1. Adopt a Resolution of Intention to approve an amendment to the
contract between the Public Employees' Retirement System and
the City of Santa Ana to provide Section 21382.4, Third Level
1959 Survivor Benefits for local fire members.
2. Adopt an Ordinance authorizing an amendment to the contract
between City of Santa Ana and Public Employees' Retirement
System.
3. Direct the City Attorney to prepare and authorize the Mayor
and the Clerk of the Council to execute an agreement
authorizing the release of 1959 survivor benefits assets and
liabilities into the Third Level 1959 Survivor Benefits Pool.
DISCUSSION
The 1959 Survivor Benefits are available to Public Employees'
Retirement System members who are not covered by Social Security
under their current employment. It has been structured to provide
a monthly benefit to the families of workers who die prior to
retirement. The City provides Level One 1959 Survivor Benefits for
its employees.
In accordance with provisions of the current Memorandum of
Understanding between the City of Santa Ana and the Fire Benevolent
Association (FBA) the City agreed to amend its contract with the
Public Employees' Retirement System to provide effective January 1,
1995, Third Level 1959 Survivor Benefits. These Third Level 1959
Survivor Benefits increase the monthly allowance which may be paid
to eligible dependents as follows:
ow
G5. 383
Contract Amendment with PERS
November 7, 1994
Page Two
1959 SURVIVOR BENEFITS
Current Benefits
Proposed Level of Benefits
1 Dependent 2 Dependents 3+ Dependents
$180 $360 $430
$350 $700 $840
The Public Employees' Retirement System set the pooled, flat dollar
monthly rate for local public agencies at $2.00 per covered
employee for the Third Level 1959 Survivor Benefits.
FISCAL IMPACT
City cost is $2.00 per covered employee per month. Annual cost is
$5,500.00. However, an actuarial study conducted by the Public
Employees' Retirement System confirms surplus assets in the City's
1959 Survivor Benefits account that will cover the City's cost for
at least the first 25 years.
K mit F cis
xecutive Director
Personnel Services
KF/LL:ck
H:\BEN—DOCS\OC94PERS.RFC
i
4o C o
Ex utiv Director
Finance and Management Services
Im
MEMORANDUM
To: Jan Guy, Clerk of the Council Date:
From: Benefits & Compensation Manager
Subject: PERS Contract Amendment - Cost Implications
Government Code Section 7507 requires that the cost implications of
the proposed contract amendment to provide Third Level 1959
Survivor Benefits be made public at a public meeting at least two
weeks prior to the adoption of the final Ordinance. November 7th
is the anticipated date for the first reading of the Ordinance.
Attached are copies of the Request for Council Action, Resolution
and Ordinance for your information
The information for making the cost public can be found in the
Request for Council Action, Fiscal Impact section:
City cost is $2.00 per covered employee per month.
Annual cost is approximately $,5,500.00. However, an
actuarial study conducted by PERS confirms surplus assets in
the Survivor Benefits account will cover the City's cost for
at least 25 years.
Please proceed with necessary steps to make this cost public. I've
provided you with PERS CON -12A which is the Certification of
Compliance which should be completed and returned to me after the
cost is made public. Call me if you have any questions at x6967.
Thanks for your help.
Lucia Lanzner
CS 808
RESOLUTION NO. 94-066
A RESOLUTION OF THE CITY OF SANTA ANA AUTHORIZING AN
AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF
ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE CITY COUNCIL OF THE CITY OF SANTA ANA
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 procedures to amend this
contract is the adoption by the governing 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 21382.4 (Third Level of 1959 Survivor
Benefits) for local fire members.
NOW, THEREFORE, BE IT RESOLVED, that the governing body of the
above agency 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.
ADOPTED thist day of
ATTEST:
ANICE C. GUY
Clerk of the Counc'
COUNCILMEMBERS:
Young
Aye
Pulido
Absent
Lutz
Aye
McGuigan
Aye
Mills
Absent
Moreno
Aye
Richardson Aye
94PERSIRES
November , 1994.
r
el H. Youn , Mayo
APPROVED AS TO FORM:
/ Z
//
(EDWARDJ. COOPER
City Attorney
EXHIBIT .,A,
AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF SANTA ANA
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, July 1,
1985, February 1, 1990, July 1, 1990, December 5, 1991, April 15, 1993 and June 16, 1994, which
provides for participation of Public Agency in said System, Board and Public Agency hereby agree as
follows:
A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective June 16,
1994, and hereby replaced by the following paragraphs numbered 1 through 12 inclusive:
1. 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 and age 50
for local safety members.
2. 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 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.
3. 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);
c. Employees other than local safety members (herein referred to as local
miscellaneous members).
EXHIBIT "A"
4. 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
5. 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 2 125 1. 13 of said Retirement Law (2% at age 60 Full).
6. 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
21252.01 of said Retirement Law (2% at age 50 Full).
7. Public Agency elected and elects to be subject to the following optional provisions:
a Sections 21263 and 21263.1 (Post -Retirement Survivor Allowance).
b. Section 20930.3 (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.
C. Section 20461.6 (Different Level of Benefits). Section 20930.3 (Military Service
Credit as Public Service), Statutes of 1974, is not applicable to local
miscellaneous members and local safety members entering membership on or
after October 1, 1981.
d. Section 20024.2 (One -Year Final Compensation).
e. Section 20818 (Two -Years Additional Service Credit).
f. Section 21382.4 (Third Level of 1959 Survivor Benefits), pursuant to Article 6,
(commencing with Section 21380).
8. 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.
9. 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:
a Public Agency shall contribute $2.00 per member, per month on account of the
liability for the 1959 Survivor Benefits provided under Section 21382.4 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.
EXHIBIT "A"
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
valuations or of the periodic investigation and valuations required by law.
c. A reasonable amoun., as fixed by the Board, payable in one installment 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 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 day of , 19
BOARD OF ADMINISTRATION
PUBLIEMPLOYEES' RETIREMENT SYSTEM
C�
BY =,�
ACTING CHL5F
EMPLOYER SERVICES DIVISION
PUBLIC EMPL4EES' RETIREMENT SYSTEM
PERS-CON-702 (AMENDMENT)
(Rev. 8/94)
CI%COUNCIL
OF E
CITI�VF SANTA ANA
BY
Presiding Officer
z�
r4A.
Witness Date >;-!
Attest:s
Clerk
.1 111BIT "B"
AGREEMENT
AUTHORIZING THE RELEASE OF
1959 SURVIVOR BENEFITS ASSETS AND LIABILITIES
INTO THE
THIRD LEVEL 1959 SURVIVOR BENEFIT POOL
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF SANTA ANA
WHEREAS, Government Code Section 21382.4 provides for a single employer rate to be established to
provide benefits under said Section on account of members employed by contracting
agencies electing to include the provision of said Section in their contracts; and
WHEREAS, Government Code Section 21382.4, requires pooling of all assets and liabilities of all
contracting agencies on account of benefits provided under Article 6, commencing with
Section 21380;
NOW, THEREFORE BE IT AGREED, that assets and liabilities of the City of Santa Ana and its
covered employees, on account of the benefits provided under Article 6, commencing with
Section 21380, shall be pooled pursuant to the provisions of Government Code Section
21382.4.
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF THE
CITY OF SANTA ANA
BY BY
ACTING CHIEF Presiding Officer
EMPLOYER SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
PERS-CON-59 (Rev: 8/94)
ORANGE COUNTY REPORTER
...Since 1921...
801 Civic Center Dr. West, #302
Santa Ana, California 92701
Mailing Address: P.O. Box 1846
Santa Ana, California 92702-1846
Telephone (714) 543-2027
Fax (714) 542-6841
AIDA RENTA
SANTA ANA CITY CLERK, COUNCIL
P.O. BOX 1988
SANTA ANA CA 92705
Proof of Publication
(2015.5 C.C.P.)
State of California )
County of Orange ) ss
ORDINANCE NS -2235 , NS -2236
I am a citizen of the United States and a resident of the
State of California; I am over the age of eighteen years, and
not a party to or interested in the above entitled matter. I
am the principal clerk of the printer and publisher of the
ORANGE COUNTY REPORTER, a daily newspaper published
in the English language in the City of Santa Ana, and
adjudged a newspaper of general circulation as defined by
the laws of the State of California by the Superior Court of
the County of Orange, State of California, under date of
June 2, 1922, Case No. 13,421. That the notice, of which
the annexed is a printed copy, has been published in each
regular and entire issue of said newspaper and not in any
supplement thereof on the following dates, to -wit:
11/25/94
EXECUTED ON : 11/25/94
AT LOS ANGELES, CALIFORNIA
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
5 &�_'
.........................................................
Signature
space for fling stamp only
CNS1226038
An
an
or the uty of Santa Ana and the
Board of Administration of the
California Public Employees' Retire-
ment System,
ORDINANCE NS -2236 - An
ordinance of the City of Santa Ana
amending Section 41-647 of the
Santa Ana Municipal Code to allow
a three-year extension of time to
commence utilization of a condi-
tional use permit, variance or minor
UHUINANCE NS -2241 - An
ordinance of the City of Santa Ana
amending the Santa Ana Municipal
Code by adding an article entitled
Food Vending Vehicles to Chapter
36 of the Santa Ana Municipal
Code and amending Sectin 1.18.1
relating to enforcement authority.
For further information, a
complete copy of the ordinance is
on file in the office of the Clerk of
the Council, City Hall, 20 Civil
Center Plaza, telephone 647-6520.
JANICE C. GUY
Clerk of the Council
ORG-CNS1226038
11125
ORDINANCE NO. NS -2235
AN ORDINANCE OF THE CITY OF SANTA ANA AUTHORIZING 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.
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
SECTION 1: That an amendment to the contract between the City
of Santa Ana and the Board of Administration, California Public
Employees' Retirement System is hereby authorized, a copy of said
agreements being attached hereto, marked as "Exhibit All and
"Exhibit B" and by such reference made a part hereof as though
herein set out in full.
SECTION 2: The Mayor of the City Council of the City of Santa
Ana is hereby authorized, empowered, and directed to execute said
amendment for and on behalf of said agency.
ADOPTED this 19th day of December , 1994.
ATTEST:
J NICE C. GUY
Clerk of the Counc 1
COUNCILMEMBERS:
Pulido
Aye
Lutz
Aye
McGuigan
Aye
Mills
Aye
Moreno
Aye
Richardson
Aye
Espinoza
Aye
94PBR&ORD
iiguel A:. Pulido,-
APPROVED AS TO FORM:
r
EDWARD OP R
City Attorne
EXHIBIT,"
AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF SANTA ANA
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, July 1,
1985, February 1, 1990, July 1, 1990, December 5, 1991, April 15, 1993 and June 16, 1994, which
provides for participation of Public Agency in said System, Board and Public Agency hereby agree as
follows:
A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective June 16,
1994, 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 and age 50
for local safety members.
2. 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 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);
b. Local Police Officers (herein referred to as local safety members);
c. Employees other than local safety members (herein referred to as local
miscellaneous members).
EXHIBIT "A"
SSE DC NOT SIG!,q ` X-Ht8rr ONL
4. 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
5. 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).
6. 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
21252.01 of said Retirement Law (2% at age 50 Full).
7. Public Agency elected and elects to be subject to the following optional provisions:
a Sections 21263 and 21263.1 (Post -Retirement Survivor Allowance).
b. Section 20930.3 (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.
C. Section 20461.6 (Different Level of Benefits). Section 20930.3 (Military Service
Credit as Public Service), Statutes of 1974, is not applicable to local
miscellaneous members and local safety members entering membership on or
after October 1, 1981.
d. Section 20024.2 (One -Year Final Compensation).
e. Section 20818 (Two -Years Additional Service Credit).
f. Section 21382.4 (Third Level of 1959 Survivor Benefits), pursuant to Article 6,
(commencing with Section 21380).
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.
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:
Public Agency shall contribute $2.00 per member, per month on account of the
liability for the 1959 Survivor Benefits provided under Section 21382.4 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.
EXHIBIT "A"
b. 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
valuations or of the periodic investigation and valuations required by law.
C. A reasonable amount, as fixed by the Board, payable in one installment 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 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
BOARD OF ADMINISTRATION
PUBLI�EMPLOYEES' RETIREMENT SYSTEM
BY_.a
ACTING CHVF,
EMPLOYERS " VICES DIVISION
PUBLIC EMPL ES'RETIREMENT SYSTEM
tt
Q
PERS-CON-702 (AMENDMENT)
(Rev. 8/94)
day of 19
CICOUNCIL
OFVE
CITIAF SANTA ANA
C1C
Presiding, Officer
L�
t�
Witness Date
114
Attest: Q
Clerk
EXHIBIT "B"
AGREEMENT
AUTHORIZING THE RELEASE OF
1959 SURVIVOR BENEFITS ASSETS AND LIABILITIES
INTO THE
THIRD LEVEL 1959 SURVIVOR BENEFIT POOL
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF SANTA ANA
WHEREAS, Government Code Section 21382.4 provides for a single employer rate to be established to
provide benefits under said Section on account of members employed by contracting
agencies electing to include the provision of said Section in their contracts; and
WHEREAS, Government Code Section 21382.4, requires pooling of all assets and liabilities of all
contracting agencies on account of benefits provided under Article 6, commencing with
Section 21380;
NOW, THEREFORE BE IT AGREED, that assets and liabilities of the City of Santa Ana and its
covered employees, on account of the benefits provided under Article 6, commencing with
Section 21380, shall be pooled pursuant to the provisions of Government Code Section
21382.4.
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
BY
ACTING CHIEF
EMPLOYER SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
PERS-CON-59 (Rev. 8/94)
CITY COUNCIL
OF THE
CITY OF SANTA ANA
M
Presiding Officer
Date