HomeMy WebLinkAboutAmendment to Contract. A-2008-250PC& Wyherr/ A-2008-250
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California
Public Employees, Retirement System
AMENDMENT TO CONTRACT
Between the
Board of Administration
California; Public Employees' Retirement System
and the
City Council
City of Santa Ana
The Board of Administration, California PublicEmployees' Retirement System,
hereinafter referred to as Board, and the governing body of the 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 11 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, June 16, 1994, January 1, 1995, December 5, 1995, July 5, 2000, March
8, 2001, July 1, 2001, April 5, 2002, November 7, 2002 and July 1, 2007 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 2007, and hereby replaced by the following paragraphs
numbered 1 through 13 inclusive:
I. 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 55 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);
G. 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 in
employment before and not on or after the effective date of this
amendment to contract shall be determined in accordance with Section
21354 of said Retirement Law (2% at age 55 Full).
6. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member in
employment on or after the effective date of this amendment to contract
shall` be determined in accordance with Section 21354.5 of said
Retirement Law (2.7% at age 55 Full).
7. 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 21362.2 of said Retirement Law
(3% at age 50 Full).
8. Public Agency elected and elects to be subject to the following optional
provisions:
a. Sections 21624 and 21626 (Post -Retirement Survivor Allowance).
b. Section 20042 (One -Year Final Compensation).
C. Section 20903 (Two Years Additional Service Credit).
d. Section 21548 (Pre -Retirement Option 2W Death Benefit).
e. Section 21024 (Military Service Credit as Public Service).
f. Section 20965 (Credit for Unused Sick Leave).
g. Section 21574 (Fourth Level of 1959 Survivor Benefits)
9. Public Agency, in accordance with GovernmentCode Section 20790,
ceased to be an "employer" for purposes of Section 20834 effective on
December 16, 1976. Accumulated contributions of Public Agency shall be
fixed and determined as provided in Government Code Section 20834,
and accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20834.
10. 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.
11. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21574 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.
12. 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.
13. 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���
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
BY
LORI MCGARTLAND, CHIEF
EMPLOYER SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AS
Assistant City Attorney
AMENDMENT ER# 0137
PERS-CON-702A (Rev. 10\05)
17 -al -a0
Witness Date
Attest:
Clerk
A-2008-250
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Actuarial and Employer Services Branch
Public Agency Contract Services
P.O. Box 942-709.,
Sacramento, CA 94229-2709
(888) CaIPERS (225-7377)
CERTIFICATION
OF
FINAL ACTION OF GOVERNING BODY
I hereby certify that the Santa Ana City Council of the
(governing body)
Cit
(public agency)
adopted on Artonct 18 zona by an affirmative vote of a majority
(date)
of the members of said Governing Body,
(Ordinance or 9YsW6)
No. -NS -2772 approving the attached contractual agreement between the
Governing Body of said Agency and the Board of Administration of the California Public
Employees' Retirement System, a certified copy of said ordinance NS -2772
(Ordinance or fUMkU[)
in the form furnished by said Board of Administration being attached hereto.
G
Clerk/Secretary Patricia E. Healy
Clerk of the Council.
Title
Date 5' �2-/ " P?
PERS-CON-5 (Rev. 1/96)
ORDINANCE NO. NS -2772 A-2008-250
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AUTHORIZING AN AMENDMENT TO THE
CONTRACT BETWEEN THE CITY OF SANTA ANA AND
THE BOARD OF ADMINISTRATION OF THE PUBLIC
EMPLOYEES' RETIREMENT SYSTEM,
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1: The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The Public Employees' Retirement Law permits the participation of public
agencies and their employees in the Public Employees' Retirement
System ("PERS") 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. Such a contract
currently exists between the City of Santa Ana and the Board of
Administration of the California Public Employees' Retirement System.
B. In accordance with provisions of the current Memorandums of
Understanding between the City of Santa Ana and its miscellaneous
employee PERS members represented by the Service Employees
International Union, the Fireman's Benevolent Association, the Santa Ana
Police Officers Association, the Fire Management Association, the Police
Management Association, and the Santa Ana Management Association,
as well as the employment resolution governing the Unaffiliated
Confidential Unit, for fiscal years 2004-2010, the City agreed to amend its
contract with the Public Employees Retirement System to provide
Government Code Section 21354.5, 2.7% @ 55 Full Formula benefits for
all active local members effective January 1, 2009. A copy of said
proposed amendment is attached hereto as Exhibit "A" and by this
reference made a part hereof.
C. The Service Retirement benefit calculated for service earned by this group
of members (applying to active members only) is a monthly allowance
equal to the product of the 2.7% @ 55 benefit factor, years of service, and
final compensation.
Section 2: That an amendment to the contract between the City of Santa Ana
and the Board of Administration of the Public Employees' Retirement System is hereby
authorized in accordance with the terms of Exhibit "A".
Ordinance No. NS -2772
Page 1 of 7
Section 3: That the Mayor and Clerk of the Council of the City of Santa Ana
are authorized, empowered and directed to execute said amendment for and on behalf
of the City of Santa Ana.
Section 4: If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City of Santa Ana hereby
declares that it would have adopted this ordinance and each section, subsection,
sentence, clause, phrase or portion thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
ADOPTED this 181h day of August.
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By102istant
A. Straka
City Attorney
AYES:
NOES:
ABSTAIN:
NOT PRESENT:
Ordinance No. NS -2772
Page 2 of 7
Councilmembers: _Alvarez. Benavides. Martinez Pulido
Sarmiento, Tinaiero (B)
Councilmembers: None (0)
Councilmembers: None (0)
Councilmembers: Bustamante (1)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached
Ordinance No. NS -2772 to be the original ordinance adopted by the City Council of the
City of Santa Ana on August 18. 2008, and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date: �' D
Patricia E. Healy
Clerk of the Council
City of Santa Ana
L__.._...._.._.____ W__.
THE FOUR EGGING DOCUi'+;ENI IS A FULL, 'PRUF. � CORRECT COPY OE
UAE ORIGINAL ON FILE IN THIS OFFICE..
❑ THE ORIGIRAL ON FILE. IN
CLERK OF THE COUNCIL, CITY OF
Ordinance No. NS -2772
Page 3 of 7
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Actuarial and Employer Services Branch
Public Agency Contract Services
P.O. Box 942709
Sacramento, CA 94229-2709
(888) CaIPERS (225-7377)
CERTIFICATION OF EMPLOYEE ELECTION
I hereby certify that the following employees of the City of Santa Ana have expressed
their approval or disapproval of said agency's intention to amend its contract to provide
Section 21354.5 (2.7% @ 55 Full formula) on the basis described in the Resolution of
Intention adopted by said agency's governing body on
July 7 2008 , in such manner as to permit each employee
to separately and secretly express his choice and that the outcome of such election was
as follows:
Local Miscellaneous
Members as defined in
Govt. Code Section
20383
ndment)
P S -CON -15 (Rev. 9/03)
Number of
employees
eligible to vote
1039
Number of votes
approving said
participation
733
Number of votes
disapproving said
participation
22
Clerk or Secretary
7-30— 05�
Date