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HomeMy WebLinkAboutAmendment-84-97aAMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE P111IC EMPLOYEW RETIREMENT SYSTEM .AND THE CITY COUNCIL OF THE CITY OF BANTA ANA The Board of Administration, Public Employees' Retirement System, herein- after referred to as Board, and the governing body of above public agency, hereinafter referred to as Public Agency, hawing entered into a contract effec- tive duly 1, 1947, and witnessed November 25, 1946, and as amended effective October 1, 1951, February 1, 1954, September 1, 1956, July 1, 1954, November 1, 1960, September 1, 1963, April 1, 1964, February 1, 1965, January 164 1969, November 1, 1970, June 1, 1974, December 16, 1976, December 1, 19711, October 1, 1981, and July 1, 19840 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs I through 12 are hereby stricken from said contract as executed effective duly 1, 1984, and hereby replaced by the following paragraphs numbere=d 1 through 12 inclusivet 1. All wards and terms used herein which are defined in the Public Employ- ees' Retirement Lasa shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age- 60 for local miscellaneous membars, age 50 for those local safety members hired prior to October 1, 1981, and cage 55 for those Local safety members hired on or after October 1, 1981. 2. Public Agency shall participate in the Public Employees' Retirements System from :and after July 1, 1947 makings its employees as hereinafter provided, members of said System subject to all provisions of the Public Employeese Retirement Law except such as apply only on election of a contracting agency tinct are not provided for herein and to all amendments to said Law hereafter enacted exempt 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 mem- bars of ;said Retirement System except .such in each such class as are excluded by low or this agreement: aa. Loral Fire Fighters (herein referred to as l.oc:alsafety members), b. Local Police Officers (herein referred to as local safety members); e. Employees other than local safety members (herein referred to as local miscellaneous members) . 4. lb addition to the classes Of employees excluded from membership by said Retirement Lew, the following classes of employees shall not become members of said Retirement Systems NO ADDITIONAL EXCLUSIONS 5. The fraction of final compensation to be provided for each year of credited prior and current service us a local miscellaneous member shall be determined its accordance with Section 21251.13 of said Retirement Law (2% at age €0 Full.), 6. The fraotion-of finial Compensation to be provided for each year or credited prior and eaurrent service for those local safety members hired on or after October 1, 1991 shall be determined In accordance with Section 21252,6 of said Retirement Law (2% at age as Full). 7, The f'r•aetiOn of final compensation to be provided for eanh year of credited prior and current service for those local safety members hired prior to October 1, 1981 shall be determined in accordance with Section 21252.01 of said Retirement Law W at age art Full). 8. The following additional provisions of the 'Public Employees' Retire- ment Law, which apply only upon election of a contracting agency, shall apply to the Public Agency and its employees: A. Sections 21380-21387 (1959 Survivors Program) excluding Section 2082.2 (Increased 9959 Survivors benefits). b. Sections 21263/21263.1 (Post-retirement survivor allowance). c. Section 20930. (Military service, credit) as defined in Chapter 1437, Statutes of 1974, for those local miscellaneous and those local safety Members hired prior to October 1, 1981, d. Section 20461.6 (Reduction of benefits), applied to section 20930.3, Statutes of 1974 (Military service credit) for Iowa], miscellaneous aabd local safety members hired on or after October 1, 9961, and applicable to Section 29252,01 (from 2% P 50 Full formula to 2% 0 55 Full, formula) fssr those local safety members hired on or after October 1, 1981. e, Section 20024.2 (One-year, final compensation), for local fire" and Jsacal miscellaneous members only, 9. Public Agenoy, in accordance with Section 20740, Government Cade, ceased to he an "employer" for purposes of Chapter €a of the Public Employeesr Retirement Lawn effective on December 16, 1976. Aeoumulrated contributions of Public Agency as of the aforementioned date: shall be fixed and determined as provided In Section 20759, Government Code, and accumulated contributions as of the aforementioned date and Bran- tributions thereafter made shall be held by the Board as provided in Section 20759, Government Cade. Iia. Public Agency shall contribute to said Retirement System as follows: a. With respect to local Miscellaneous Members, the agency shall contribute the following percentages of monthly salaries earned as local miscellaneous members of said Retirement Systems (1) 0.172 percent until June; 30, 2000 can account of the lia- bility for prior service benefits. (Subject to annual change.) (2) 14.507 percent until dune 30, 2000 on account of the lia- bility for current service benefits. (Subject to annual change.) b. With respect to local safety members, the agency shall contribute the following percentages of monthly salaries earned as local safety members of said Retirement System: (1) 27.3411 percent until June 30w 2000 on account of the lia- bility for current service benefits, (Subject to annual change.) C, A reasonable amount, as fixed by the Board, payable in one in- stalkent within 60 days of date of contract to cover the coats of administering said Systema as it affects the employees of Public Agency, not including the costs of special valuations or o: than periodic investigation and valuations required by law. d. A reusonaable amount, as fixed by the Board, payable in one in- aata;llment as the occasions arise, to carver the costs of special valuations can account of employees of Public,. Agency, and coasts 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: Employee& Retirement Law, and on account of the experience sander the Retirement System .as determined by the periodic i.nvestigaatlon and valuation required by said Hatir€oment Law. 12. Contributions required of Public Agency and its employees shall, be: paid by Public Agency to the Retirement System within thirty days after the end of the period to which said contributions refer or its may be: prescribed by Board regulation. If move or less than the cor- rect amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances, or adjust- ments on account of errors in contributions required of any employee may be grade by direct cash payments between the employee and the Board. B. This amendment shall be effective on the 1st day of December 19 84 Witness our hands the 5th day of BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY SIDNEY C.ICAUSLAND, EXECUTIVE FFICER Approved as to form: 1 Margaret Hoehn, egaT Office, at November CITY COUNCIL OF THE CITY OF SANTA ANA, BY esidingl�Dffilcer Attest: �1erk PERS CON -702 APPROVED AS TO FORM I, I �r Edward Cooper City Attorney Public Employees', tirement System Field & Contracts cervices Division Contracts Office, Section 900 Post Office Box 1953 Sacramento, CA 95809 Telephone (916) 445-6570 445-4900 (TDD Interpreter) CERTIFICATION CERTIFICATION OF GOVERNINGS 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) of the City of Santa Ana (Name of Public Agency) on 9-17-84 appearing at Pages 362 & 363 (Date) Volumne of the (Minutes) (Official Records) of the City Council of the City of Santa Ana (Governing Body) CITYCLER or Secretary of the B ar PERS—CON-12 (5/84) C06o0 a Public Employees' R, -ement System Field & Contracts Services Division Contracts Office, Section 900 Post Office Box 1953 Sacramento, CA 95809 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 by the City Council of the City of Santa Ana (governing body) (public agency) at least two weeks prior to the adoption of the final Ordinance/Resolution. Date: 11-5-84 original sig ature Clerk of the Council official title PERS-CON-12A (Rev. 7/83) C0601 CERTIFICATION OF FINAL ACP ION OF GOVERNING BODY DATE: November 5, 1984 PUBLIC kM'LOYEES RETIELMENT SYMM P. 0. Box 1953 Sacramento, California 95809 I hereby certify: That the City Council of the Citv of Santa Ana Governing Body Public Agency adopted on 10-15-84 by an affirmative Date vote of a majority of the members of said Governing Body, OgnjNApjCr Ordinance or Resolution No. 1752 approving the attached contractual agreement between the Governing Body of said Agency and the Board of Administration of the Public Employees' Retirement System, a certified copy of said Ordinance in the form Ordinance or Resolution furnished by said Board of Administration being attached hereto. krk or Secretary CITY OF SANTA ANA Name of Agency PERS-CON-5 (Rev. 378) REQUEST FOR COUNCIL ACTION CITY COUNCIL AGENDA DATE September 17, 1984 TITLE PROPOSED AMENDMENT TO THE CITY'S CONTRACT WITH THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) �l CITY r DATE OF •ACTION I u L. aoaa — _ .` CLERK OF THE COI CIL RECOMMENDED ACTION 1. Adopt the attached Resolution declaring Council's intention to approve an amendment to the City's contract with the Public Employees' Retirement System (PERS) to provide Section 20024.2 benefit option (One-year final compensation) for local miscellaneous members only. 2. In order to comply with the public disclosure requirements of Section 7507 of the Government Code, .request the Clerk of. the Council to reflect in the Minutes of this meeting that the estimated cost of the proposed contract amendment is as follows: a. The City's cost rate will increase 1.881 percentage points from 12.798% to 14.679% of the applicable miscellaneous -member payroll effective December 1, 1984. This percentage increase is the projected actuarial rate to the year 2000 subject to change with future amendments and/or experience and other factors. b. During Fiscal Year 1984-85 the estimated cost of the rate increase will be approx- imately $391,200 based on current and projected miscellaneous -member payroll figures. EXECUTIVE SUMMARY in accordance with the provisions of the current labor agreement between the City of Santa Ana and the Santa Ana City Employee's Association (SACEA) executed on December 19, 1983, the City agreed to amend its contract with PERS to provide the "one-year final compensation" benefit option for all miscellaneous members effective December 1, 1984. This benefit option provides that final compensation, an average monthly rate used in the formula to determine a retiree's monthly retirement allowance, will be computed on the basis of the last consecutive 12 months of work instead of the last 36 months as is currently provided in our contract with PERS. The contract amendment process specified in the PERS Law requires that the above actions be taken 20 days prior to final adoption of the Ordinance which will authorize the actual amendment to the City's contract with PERS to provide the new benefit option. In order to complete the entire contract amendment by the December lst effective date as specified in our labor agreement with the SACEA, said Ordinance will be submitted for first reading on the first Council meeting in October. Appropriations to fund the estimated cost of the above described option have already been included in the current annual budget. C', IS ;:Z� 6 " 3�ll RESOLUTION NO. 84-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF SANTA ANA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM 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 procedure to amend this contract is the adoption by the legislative body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolu- tion 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 20024.2 (One-year final compensation) for local miscellaneous members only. 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 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. 2. That this Resolution shall be operative from and after September 17, 1984. ADOPTED this 17th day of September, 1984, by the following vote: ATTEST: W xembourger, May r NICE C. GUY LERK OF THE COUNCIL CIL Luxembourger Aye Griset —Aye Acosta --Aye APPROVED AS TO FORM: Bricken d�7 Johnson Aye McGuigan Aye Young Aye CITY OOPS CITY ATTO AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL p14c4`OF THE �'4j0ACITY OF SANTA ANA The Board of Admin st a� * ;, Public Employees' Retirement System, herein- after referred to as Board, andoverning body of above public agency, hereinafter referred to as Public y�baying entered into a contract effec- tive July 1, 1947, and witnessed Novemb 1946, and as amended effective October 1, 1951, February 1, 1954, Septembe 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, and July 1, 1984, 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 July 1, 1984, and hereby replaced by the following paragraphs numbered 1 through 12 inclusive: All words and terms used herein which are defined in the Public Employ- sps' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous members, age 50 for those local safety members hired prior to October 1, 1981, and age 55 for those local safety members hired on or after October 1, 1981. 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 mem- bers 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). 3� v 4. In addition to the c14 Rf employees excluded from membership by said Retirement Law, the ol�ing classes of employees shall not become members of said Retirte ;,?ysJJteem: NO ADDITIONAL EX �O�1RS 5. The fraction 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 fraction of final compensation to be provided for each year of credited prior and current service for those local safety members hired on or after October 1, 1981 shall be determined in accordance with Section 21252.6 of said Retirement Law (2% at age 55 Full). 7. The fraction of final compensation to be provided for each year of credited prior and current service for those local safety members hired prior to October 1, 1981 shall be determined in accordance with Section 21252.01 of said Retirement Law (2% at age 50 Full). 8. The following additional provisions of the Public Employees' Retire- ment Law, which apply only upon election of a contracting agency,. shall apply to the Public Agency and its employees: a. Sections 21380-21387 (1959 Survivors Program) excluding Section 21382.2 (Increased 1959 Survivors benefits). h* Sections 21263/21263.1 (Post-retirement survivor allowance). C. Section 20930.3 (Military service credit) as defined in Chapter 1437, Statutes of 1974, for those local miscellaneous and those local safety members hired prior to October 1, 1981. d. Section 20461.6 (Reduction of benefits), applied to Section 20930.3, Statutes of 1974 (Military service credit) for local miscellaneous and local safety members hired on or after October 1, 1981, and applicable to Section 21252.01 (from 2% @ 50 Full formula to 2% @ 55 Full formula) for those local safety members hired on or after October 1, 1981. e. Section 20024.2 (One-year final compensation), for local fire and local miscellaneous members only. 9. Public Agency, in accordance with Section 20740, Government Code, ceased to be an "employer" for purposes of Chapter 6 of the Public Employees' Retirement Law effective on December 16, 1976. Accumulated contributions of Public Agency as of the aforementioned date shall be fixed and determined as provided in Section 20759, Government Code, and accumulated contributions as of the aforementioned date and con- tributions thereafter made shall be held by the Board as provided in Section 20759, Government Code. to'44Sea�S 10. Public Agency shat 04)Yibuytpe'to paid Retirement System as follows: a. With respect to localrm"fAa�[�e'ous members, the agency shall contribute the following pe 4;15g es of monthly salaries earned as local miscellaneous members oIPetirement System: `!! Pf (1) 0.172 percent until June 30, 2000 on account of the lia— bility for prior service benefits. (Subject to annual change.) (2) 14.507 percent until June 30, 2000 on account of the lia— bility for current service benefits. (Subject to annual change.) b. With respect to local safety members, the agency shall contribute the following percentages of monthly salaries earned as local safety members of said Retirement System: (1) 27.300 percent until June 30, 2000 on account of the lia— bility for current service benefits. (Subject to annual change.) C. 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. C 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 ESmployees' 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 thirty 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 cor— rect amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances, or adjust— ments on,account of errors in contributions required of any employee may be made by direct cash payments between the employee and the Board. B. This amendment shall be effective on the 19 Witness our hands the day of day of , BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES` RETIREMENT SYSTEM OF THE CITY OF SANTA ANA BY Do Nor BY SIDNEY C. MCCAUSLAND, 7 Presiding Officer EXECUTIVE OFFICER F,11111 Approved as to form: Attest: Margaret fil aret J. ehn, Leg Office,l-�Date—� Clerk PERS CON -702 �t 19 REQUEST FOA COUNCIL ACTION CITY COUNCIL AGENDA DATE TITLE Gctober 1, 1984 ORDINANCE NO. NS -(7 $`,t. AUTHORIZING AN AMENDMENT TO THE CITY'S CONTRACT WITH THE PUBLIC EMPLOYEE"S RETIREMENT SYSTEM (PERS) CITY MANAGER RECOMMENDED ACTION (2,, cd „l "VA C, "-CLERKO HE COUNCIL It is recommended that the City Council place on first reading and authorize publication of the title of the attached ordinance authorizing an amendment to the City's contract with the Public Employee's Retirement System (PERS) to provide Section 20024.2 benefit option (one-year final compensation factor) for local miscellaneous -member ew.ployees, effective December 1, 1984. EXECUTIVE SUMMARY On September 17, 1984, City Council adopted Resolution No. 84-109, declaring its intention to approve the above-described amendment to the City's contract with PERS. 'I';ie above recommended action is the next step in the multi -step contract amendment process specified in the State's Public Employee Retirement Law. As not,)d. i.n Council's previous action in this matter, this amendment to our contract with PERS will provide the "one-year final compensation" benefit for all. miscellaneous - member (non -safety) employees of the City in accordance with the City's current labor agreement with the Santa Ana City Employee's Association (SACEA). The subject benefit option provides that "final compensation", an average monthly salary rate used in the formula to determine a retiree's monthly retirement allowance, will be computed on the basis of the last (or highest) consecutive 12 months of work instead of the last (or highest) 36 months as is currently provided in our contract with PERS. Three mooths ago, on July 1, 1984, this same benefit option became effective for the City's fire -safety personnel. Police -safety personnel are scheduled to receive the option e:fec'C.i_vu July 1, 1985 in accordance with the terms and conditions of the current labor e.g reme, r.7: between the City and the Police Benevolent Association (PBA). REL:adg 9/12/84 ORDINANCE NO. NS -1752 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 Council of 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 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 15th day of October , 1984. ATTEST: anice C. Guy Clerk of the Counci COUNCILMEMBERS: 11'✓W:' Luxbmbourger Mayo Luxembourger Aye Acosta Aye APPROVED AS TO FORM: Bricken Absent Griset Aye Johnson Aye McGuigan Aye ward Coop) --r Young Aye City Atto PROOF OF PUBLICATION (2015.5 C.C.P.) STATE, OF CALIFORNIA, ss. County of Orange, Juanita Folkerts I am a citizen of the United States and a resident of the County aforesaid; 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 of The Register, a newspaper of general cir- culation, published in the City of Santa Ana, County of Orange, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of November 29, 1905, Case Num- ber A21046; that the notice of which the annexed Is a printed copy, has been published in each reg- ular and entire Issue of said newspaper and not in any supplement thereof on the following dates, to. wit: October 9, 1984 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed at Santa Ana, California. Date-----Octbber 9 84 ------------------------------------------- 19 ------- Juanita F01k6VWre This space is the County Clerk's Filing Stamp Legal Notice Proof of Publication of City of Santa Ana Ordinances Paste Clipping of Notice SECURELY In This Space DSP 165 PROOF OF PUBLICATION CIT7 OF SANTA ANA ORDINANCES The City Council of the City of Santa Ana will consider adoption of the following entitled ordinance at its meeting to be held on October 15, 1984 ORDINANCE NO. NS -1739 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 41-261, 41-267, 41-276 AND 41-282 OF THE SANTA ANA MUNICIPAL CODE AND ADDING SECTIONS 41-265.5 AND 41-280.5 THERETO TO REVISE THE DEVELOPMENT STANDARDS FOR THE R3 AND R3H USE DISTRICTS. ORDINANCE NO. NS -1752 - 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. ORDINANCE NO. NS -1750 - AN ORDINANCE OF THE CITY OF SANTA ANA REZONING CERTAIN PROPERTY LOCATED ON THE SOUTHEAST CORNER OF TUSTIN AVENUE AND FRANZEN AVENUE FROM THE RE (RESIDENTIAL ESTATE) DISTRICT TO THE C5 (ARTERIAL COMMERCIAL) DISTRICT. ORDINANCE NO. NS -1751 - AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTION 14-90 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO FEES FOR PARAMEDIC SERVICES. For further information, a complete copy of the ordi- nance is on file in the office of the Clerk of the Council, City Hall, 20 Civic Center Plaza, telephone 834-4906. JANICE A GUY CLERK OF THE COUNCIL PUBLISH: October 9, 1984 Date Affidavit 3 Invoices Form #22, 2-13-80 i 'EXHIBIT A" AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE plFq,f�^D p d, CITY OF SANTA ANA The Board of Administratlo�Tis Employees' Retirement System, herein- after referred to as Board, and the ing body of above public agency, hereinafter referred to as Public A enc pr��ry�y�}ng entered into a contract effec- tive July 1, 1947, and witnessed Novembe25;/ 6, and as amended effective October 1, 1951, February 1, 1954, September 1, July 1, 1959, November 1, 1960, September j, 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, and July 1, 1984, which provides Eo' 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 July 1, 1984, 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 Employ- e s' Retirement Law shall have the meaning as defined therein unless o herwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous members, age 50 for those local safety members hired prior to October 1, 1981, and age 55 for those local safety members hired on or after October 1, 1981. 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 mem- bers 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 tl�'1�{{qq��sea of employees excluded from membership by said Retirement Law, 1;ff 11 04 lowing classes of employees shall not become members of said Re It System: NO ADDITION�A�/L EaiiB�,A,NS 5. The fraction 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 fraction of final compensation to be provided for each year of credited prior and current service for those local safety members hired on or after October 1, 1981 shall be determined in accordance with Section 21252.6 of said Retirement Law (2i at age 55 Full), 7. The fraction of final compensation to be provided for each year of credited prior and current service for those local safety members hired prior to October 1, 1981 ,shall be determined in accordance with Section 21252.01 of said Retirement Law (2f at age 50 Full). 8., The following additional provisions of the Public Employees' Retire— ment Law, which apply only upon election of a contracting agency,. shall apply to the Public Agency and its employees: a. Sections 21380-21387 (1959 Survivors Program) excluding Section 21382.2 (Increased 1959 Survivors benefits). b,w Sections 21263/21263.1 (Post—retirement survivor allowance). C. Section 20930.3 (Military service credit) as defined in Chapter 1437, Statutes of 1974, for those local miscellaneous and those local safety members hired prior to October 1, 1981, d. Section 20461.6 (Reduction of benefits), applied to Section 20930.3, Statutes of 1974 (Military service credit) for local miscellaneous and local safety members hired on or after October 1, 1981, and applicable to Section 21252.01 (from 2% @ 50 Full formula to 2% @ 55 Full formula) for those local safety members hired on or after October 1, 1981. e. Section 20024.2 (One—year final compensation), for local fire and local miscellaneous members only. 9. Public Agency, in accordance with Section 20740, Government Code, ceased to be an "employer" for purposes of Chapter 6 of the Public Employees' Retirement Law effective on December 16, 1976. Accumulated contributions of Public Agency as of the aforementioned date shall be fixed and determined as provided in Section 20759, Government Code, and accumulated contributions as of the aforementioned date and con— tributions thereafter made shall be held by the Board as provided in Section 20759, Government Code. p144SEQ 10. Public Agency shallr buts to Paid Retirement System as follows: a. With respect to local i&dnneooBus members, the agency shall contribute the following pe "f as of monthly salaries earned as local miscellaneous members o f¢yRetirement System; (1) 0.172 percent until June 30, 200``0 on account of the lia— bility for prior service benefits. (Subject to annual change.) (2) 14.507 percent until June 30, 2000 on account of the lia— bility for current service benefits. (Subject to annual change.) b. With respect to local safety members, the agency shall contribute the following percentages of monthly salaries earned as local safety members of said Retirement System; (1) 27.300 percent until June 30, 2000 on account of the lia— bility for current service benefits. (Subject to annual change.) C. 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. d{ 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 thirty 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 cor— rect amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances, or adjust— ments on,account of errors in contributions required of any employee may be made by direct cash payments between the employee and the Board. B. This amendment shall be effective on the 19_ Witness our hands the day of day of , BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES1 RETIREMENT SYSTEM OF THE CITY OF SANTA ANA pzs�6 BY U() NOT r, BY SIDNEY C. MoCAUSLAND, N ,, Presiding Officer EXECUTIVE OFFICER Fi�/��ok Approved as to form: Attest: Margaret J. t hn, Leg Office, Date Clerk PERS CON -702 1 w 19 .