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HomeMy WebLinkAboutCertificate od compliance 7/15/94PUBLIC EMPLOYEES' RE_ .AEMENT SYSTEM Contract Services Division Public Agency Contract Services P. 0. Box 942709 Sacramento, CA 94229-2709 (916) 326-3420 (916) 326-3240 (TDD) CERTIFICATION OF COMPLIANCE WPTII GOVERNMENT CODE SECTION 7507 1 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 city council (governing body) of the City of Santa Ana on May 16, 1994 (date) Resolution / Qndkmm. 9 4— 0 2 8 Date 7/15/94 PERS-CON-12A C0601 (Rev. 12/92) (public agency) which is at least two weeks prior to the adoption of the �a r =91- Ry Janice uy Clerk of the Council Title PUBLIC EMPLOYEES' P"CIREMENT 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 (governing body) City of Santa Ana agency) on June 20, 1994 (date) PERS-CON-12 C0600 (Rev. 12192) W>� e k1S�er4ary Janice C. G Title of the Clerk of the Council RESOLUTION N0. 94-028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO DESIGNATE AN ADDITIONAL WINDOW PERIOD TO GRANT TWO -YEARS ADDITIONAL SERVICE CREDIT FOR DESIGNATED CLASSES AND POSITIONS IN THE CITY COVERED BY THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM WHEREAS, on October 7, 1991 the City Council amended the contract with the Public Employees' Retirement System (PERS) to provide Two -Years Additional Service Credit Option pursuant to Government Code Section 20818; and WHEREAS, it is now desired to provide an additional designated window period for Two -Years Additional Service Credit (Section 20818) based on the contract amendment included in said contract which provided for Two -Years Additional Service Credit (Section 20818) for eligible members; and 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 seek to add an additional designated window period for granting Two -Years Additional Service Credit; and 2. That the additional designated window period be granted from June 22, 1994 through September 19, 1994 for eligible members; and 3. That the City Council certifies that it is electing to exercise the provisions of Section 20818 because of impending mandatory transfers, demotions and layoffs that constitute at least one percent (1%) of the departments designated below, resulting from the curtailment of, or change in manner, of performing its services; and 4. That the eligible member within this designated window period is in the following classification within the identified department: a. Classification Park Maintenance Leader Department Recreation and Community services THE FOREGOING DOCUMENT IS A FULL, TRUE 8 THE ORIGINAL ON FILE IN THIS OFFICE. ❑ THE ORIGINAL ON FILE IN // / CLERK OF THE COUNCIL: CITY OF SAN P/ANA 19 q ADOPTED this 20th ATTEST: /�TICE C. GUY VClerk of the Coun(61 COUNCILMEMBERS: Young Pulido Lutz Mills McGuigan Moreno Richardson Aye alp -AVP AVP qva a� Ahsent day of June 1994. L H. YOUN MAY,R APPROVED AS TO FORM: EDWAR J. C E City Attorney CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, IANICE C. GUY, Clerk of the Council. do hereby certify the attached Resolution to be the original resolution adopted by the City Council of the City of Santa Ana o Date: G Clerk of the C ncii— City of Santa Ana PUBLIC EMPLOYEES' R1...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 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 city council (governing body) of the City of Santa Ana (public agency) on April 18, 1994 which is at least two weeks prior to the adoption of the (date) Resolution/Ordinance. Date /��4f4M Ja icg C Guy Clerk of the Council Title PERS-CON-12A C0601 (Rev. 12/92) REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE April 18, 1994 TITLE AMEND THE CITY'S CONTRACT WITH THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO PROVIDE THIRD LEVEL RECOMMENDED ACTION CLERK OF THE COUNCIL USE ONLY Approved E] As Recommended ❑ ended (see Minutes) Ordinance on 1st Reading R [] O finance on 2nd Reading Implementing Resolution Ai [::j Set Public Hearing For Continued to: 0 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 police members and local miscellaneous members. 2. Adopt an Ordinance authorizing an amendment to the contract between City of Santa Ana and Public Employees' Retirement System. 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 Police Officers' Association (POA) the City agreed to amend its contract with the Public Employees' Retirement System to provide effective July 1, 1994, Third Level 1959 Survivor Benefits. These Third Level 1959 Survivor Benefits increase the monthly allowance which may be paid to eligible dependents as follows: C G.S. 383 X. { Contract Amendment with PERS April 18, 1994 Page Two 1959 SURVIVOR BENEFITS 1 Dependent 2 Dependents 3+ Dependents Current Benefits $180 $360 $430 Proposed Level of Benefits $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 $32,544.00. 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. �.� Ke it Francis 4_ ma a Executive Director E utive6 'rector Personnel Services Finance an Management Services KF/LL 156 MEMORANDUM To: From: Subject: CS 808 —9 .baa carion lsr 9 G�, Jan Guy, Clerk of the Council Benefits & Compensation Manager PERS Contract Amendment - Cost Implications 4-5-94 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. April 18th 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 $32,544.00. 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 RESOLUTION NO. 94-016 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 miscellaneous and local police members only. 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 this 18th day of April 1994. el H. You g May ATTEST: r ICE C. G r� Clerk of the Couhc' COUNCILMEMBERS: Young Ave Pulido Ave Lutz Ave McGuigan Ave Mills Ave Moreno Aye Richardson Aye 94PERS.RES APPROVED AS TO FORM: EDWAR J. 00 ER City Attorney :ASE DC h�lUt Si"N "EXHIBIT UNL'r' EXHIBIT AMENDMENT TO CONTRACT BETWEEN TBE BOARD OF ADMINISTRATION OF TBE 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 and April 15, 1993, 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 April 15, 1993, 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); Local Police Officers (herein referred to as local safety members); C. Employees other than local safety members (herein referred to as local miscellaneous members). 'LEASE ©O NOT SIGN "EXHISii q1.1' 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). Public Agency elected to be subject to the following optional provisions: a. Sections 21380-21387 (1959 Survivor Benefits) excluding Section 21382.2 (Increased Level of 1959 Survivor Benefits) and Section 21382.4 (Third Level of 1959 Survivor Benefits) for local fire members only. b. Sections 21263, 21263.1 and 21263.3 (Post -Retirement Survivor Allowance). C. 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. d. 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. e. Section 20024.2 (One -Year Final Compensation). f. Section 20818 (Two -Years Additional Service Credit). g. Sections 21380-21387 (1959 Survivor Benefits) including Section 21382.4 (Third Level of 1959 Survivor Benefits) for local miscellaneous members and local police members only. 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: 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. b. 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 shalt 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 BOARD OF ADMINISTRATION PUBLIC EMPLOYES' RETIREMENT SYSTEM CITY COUNCIL OF THE CITY OF BY J BY CHIEF, CONTRACT S%ICES DIVISION PUBLIC EMPLOYEES' TIREMENT SYSTEM PERS-CON-702 (AMENDMENT) (Rev. 10/92) SAA ANA Presiding Offctc r Witness Date u Attest: Clerk r ,A 19_ ORDINANCE NS -2220 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 16th ATTEST: IL � Clerk of the Coun it COUNCILMEMBERS: Young Ave Pulido Ave Lutz Ave McGuigan Ave Mills Ave Moreno Ave Richardson Ave 94PERS.ORD day of May , 1994. 1 H. You Mayo APPROVED AS TO FORM: EDWARD C OPE City Attorney 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 to be subject to the following optional provisions: a. Sections 21380-21387 (1959 Survivor Benefits) excluding Section 21382.2 (Increased Level of 1959 Survivor Benefits) and Section 21382.4 (Third Level of 1959 Survivor Benefits) for local fire members only. b. Sections 21263, 21263.1 and 21263.3 (Post -Retirement Survivor Allowance). C. 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. d. 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. e. Section 20024.2 (One -Year Final Compensation). f. Section 20818 (Two -Years Additional Service Credit). g. Sections 21380-21387 (1959 Survivor Benefits) including Section 21382.4 (Third Level of 1959 Survivor Benefits) for local miscellaneous members and local police members only. 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 Agencv shall also contribute to said Retirement System as follows: 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. b. 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 ne made in connection with subsequent remittances. Adjustment 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 BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM 44% BY �i7 CHIEF, CONTRACT 9 VICES DIVISION PUBLIC EMPLOYEES' TIREMENT SYSTEM CITY COUNCIL OF THE CITY OF SANTA ANA BY i5 Presiding Offs r Witness Date L� Attest: Clerk PERS-CON-702 (AMENDMENT) (Rev. 10/92) 19 AGREEMENT AUTHORIZING THE RELEASE OF 1959 SURVIVOR BENEFITS ASSETS AND LIABILITIES IN70 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, the City Council of the Citv of Santa Ana has adopted a Resolution of Intention to include in its contract with the Board of Administration, Public Employees' Retirement Systern. Government Code Section 21382.4. Third Level of 1959 Survivor Benefits for local miscellaneous members and local police members only, as provided under Government Code Sections 21380-21387; and WHEREAS, Government Code Section 21382.4, requires all assets and liabilities of all contracting agencies subject to this section. and their employees who are covered by this section, to be pooled into a single account; NOW, THEREFORE BE IT AGREED, accumulated and/or future contributions required of the City of Santa Ana and its covered employees are to be released, pursuant to the provisions of Government Code Section 21382.4, to a single account referred to herein as the Third Level 1959 Survivor Benefits Pool. BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM By CHIEF, CONTRACT SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM APPROVED S TO FORM EDWA DJ COOPER CITY ORNFv C0505 (Rev. 2/94) CITY COUNCIL OF THE CITY OF SANTA ANA By Presiding Officer Date rubLll. Contract Services Division Public Agency Contract Ser P. 0, Box 942709 Sacramento, CA 94229-2709 (916) 326-3420 (916) 326-3240 (TDD) 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 of the (public agency) (governing body) on which is at least two weeks prior to the adoption of the (date) Resolution/Ordinance. Date Clerk/Secretary Title PERS-CON-12A C0601 (Rev. 12/92) ORANGE COUNTY k ,ORTER ...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 SANTA ANA CITY CLERK, COUNCIL P.O. Box 1988 Santa Ana CA 92702 Proof of Publication (2015.5 C.C.P.) State of California ) County of Orange as ORDINANCE NS -2220 - 2221 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: 04/22/94 EXECUTED ON : 04/22/94 AT LOS ANGELES, CALIFORNIA I certify (or declare) under penalty of perjury that the foregoing is true and correct. ......................................................... Signature This sr ice for filing stamp only DJC1165446 NOTICE CITY OF -S i19TA ANA ORDINANCES The City Council of the City of Santa Ana will consider adoption of the following entitled ordinances at its meeting to be held April 18, 1994: ORDINANCE NS -2220 - 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' Retire- ment System. ORDINANCE NS -2221 - An ordinance of the City of Santa Ana amending Article II of Chapter 18 of the Santa Ana Municipal Code Pertaining to the regulation of smoking. Forfurther information, a complete copy of the ordinance is on file in the office of the Clerk of the Council, City Hall, 20 Civic Center Plaza, telephone 647-6520. JANICE C. GUY Clerk of the Council ORG-DJC1165446 04/22