HomeMy WebLinkAboutAmendment-90-71AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREM»T SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF SANTA ANA
S..PiW2�eo
"17
The
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 and February 1,
1990, 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 February 1, 1990, 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).
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 (28 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 1959 Survivor Benefits) and Section 21382.4
(Third Level of 1959 Survivor Benefits).
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), applicable
to Section 20930.3 (Military Service Credit as Public Service),
Statutes of 1974, for local miscellaneous members and local
safety members entering membership on or after October 1, 1981.
e. Section 20024.2 (One -Year Final Compensation).
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 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.
b. 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 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 Svstem 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 First
day of
my 1 19 90 .
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF THE
CITY OF SANTA ANA
BY
CHIEF, CONTRACT SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
PERS—CON-702 (AMENDMENT)
(Rev. 6/88)
BY
Presiding Of 'ce
Witness Date
Attest:
Y
A I RO ED, AS TO FORM
i
r SII
of ...
Ci,�w
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL
AGENDA DATE TTTNF. TR., igen
�__ Vie• �e�. �•.
u• •..aa ;s ;aua� au •a;
RECOMMENDED . •
DATE OF COUNCIL ACTION JUN 18 1990
Ordinance No, A ) S — 2
.
Q.., . Aa..-. CLERK OF THE COUNCIL
Adopt an Urgency Ordinance authorizing an amendment to the City's contract
with the California Public Employee's Retirement System (PERS) to provide
Section 21252.01 benefit option (2% at age 50 Full Formula) for all local
fire safety members, effective July 1, 1990.
EXECUTIVE SUMMARY
In accordance with provisions of the current Memorandum of Understanding
between the City of Santa Ana and the Fireman's Benevolent Association (FBA)
the City agreed to amend its contract with PERS to provide, effective July 1,
1990, the 112% at age 50 Full Formula" benefit option for all safety members
employed since October 1, 1981. Fire personnel hired prior to that date
already have that benefit option. The amendment will standardize the benefit
for all sworn personnel.
On May 21, 1990, the City Council adopted Resolution No. 90-054 declaring its
intention to approve such amendment to the City's contract with PERS in
accordance with State Law. Because an unanticipated need by PERS to revise
their previously completed valuation/cost data, the lengthy contract
amendment process was delayed by six weeks. Consequently, the documentation
necessary to the adoption of said Resolution could not be provided earlier
than May 21, 1990. Additionally, because final reading of the ordinance
authorizing the amendment to the PERS contract cannot occur earlier than
twenty days after the adoption of the Resolution of Intention, it is now
necessary to adopt this ordinance as an urgency measure so that the effective
date of the contract amendment will coincide with the July 1, 19.9,,o date
specified in the MOU with the Fireman'senevolent Association.
218 5 .
OP 'NANCE NO. NS- 2066
AN URGENCY 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 amendment being attached hereto, marked "Exhibit
A and by such reference made a part hereof as through 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: This ordinance is declared by the City
Council to be necessary as an emergency measure for preserving
the public peace, health, and safety. The reasons for its
urgency are as follows:
(1) The City and the Santa Ana Fireman's Benevolent
Association (FBA) are contractually obligated to amend the
City's existing agreement with the Public Employees'
Retirement System (PERS) to make certain changes effective
July 1, 1990.
(2) Pursuant to state law, any amendment to said
agreement must be approved and authorized by ordinance of the
City Council.
(3) Further pursuant to state law, this ordinance
could not be adopted until at least twenty days after the
adopting of Resolution No. 90-054 on May 21, 1990, by which
the City Council gave notice of its intent to amend the said
agreement.
(4) Said Resolution No. 90-054 could not be adopted
earlier than the May 21, 1990 meeting of the City Council
because an unanticipated need to update previously obtained
valuation/cost data from PERS delayed the lengthy contract_
amendment procedure by six weeks.
(5) Unless adopted as an urgency measure, this
ordinance approving and authorizing the amendment to the said
agreement would not be effective until after the necessary
July 1, 1990, effective date for said amendment, thereby
causing a breach of contract between the City and the FBA, as
well as incurring a higher future contribution rate to PERS.
ORDINANCE NO. NS- 2066
PAGE TWO
SECTION 4: This ordinance is adopted as an emergency
measure and shall take effect immediately upon adoption.
ADOPTED this 18th day of June, 1990.
Davie. H. Yo g, Mayor
ATTEST:
nice C. Guy
Clerk of the Counc 1
COUNCILMEMBERS:
Young Ave
Acosta Absent
Griset Aye APPROVED AS TO FORM:
May Aye
McGuigan
Aye
Norton
Aye
Pulido
Aye
Edwa Coo er
City Attorney
AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND TBE
CITY COUNCIL
OF TBE
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 and February 1,
1990, 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 February 1, 1990, 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).
I
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 (28 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 1959 Survivor Benefits) and Section 21382.4
(Third Level of 1959 Survivor Benefits).
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), applicable
to Section 20930.3 (Military Service Credit as Public Service),
Statutes of 1974, for local miscellaneous members and local
safety members entering membership on or after October 1, 1981.
e. Section 20024.2 (One -Year Final Compensation).
B. 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. 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.
b. 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 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
, 19
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
BY
CHIEF, CONTRACT SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
PERS-CON-702 (AMENDMENT)
(Rev. 6/88)
CITY COUNCIL
OF THE
CITY OF SANTA ANA
BY
Presiding Officer
Witness Date
Attest:
Clerk
day of
ORANGE COUNTY REPORTER
....Since 1921....
1212 N. Broadway, Ste, 250
Santa Ana, California 92701
Mailing Address: P.O. Box 1846
Santa Ana, California 92702-1846
Telephone (714) 543-2027
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 -2066
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. 1 am the principal clerk of the printer and
publisher of the ORANGE COUNTY REPORTER, a news-
paper published in the English language in the City of
Santa Ana, and adjudged a newspaper of general circula-
tion as defined by the laws of the State of California by
the Superior Court of the County of Orange, State of Ca-
lifornia, 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:
06/22/90
EXECUTED ON : 06/22/90
AT LOS ANGELES, CALIFORNIA
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
............................I ...................
Signature
ORG-149705
JUS
CITY OF Si;pU'iA ANA
CITY OF SANTA ANA
ORDINANCES
The City Council of the City of Santa
Ana will consider adoption of the fol-
lowing entitled ordinances at its meet -
Ing to be held on July 2,.1990:
ORDINANCE NS -2066 - An Ordin-
ence 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
Administrator of the California Public
Employees Retirement System, - Per-
sonnel Services
ORDINANCE NS -2066 - An Ordin-
ance of the City of Santa Ana
Rezoning Certain Property Located at
1200 North Main Street from the C2
(General Commercial) District to the
C3 (Central Business) District.
For further 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 OFTHECOUNCIL
(ORG149705)
Jun 22