98-076 - Public Employee's Medical and Hospital Care Act

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RESOLUTION 9S-076 A RESOLUTION OF THE CITY COUNCIL AND CITY OF SANTA ANA ELECTING TO BE SUBJECT TO PUBLIC EMPLOYEES,~ MEDICAL AND HOSPITAL CARE ACT ONLY WITH RESPECT TO MEMBERS OF A SPECIFIC EMPOYEE ORGANIZATION FIXING THE EMPLOYER'S CONTRIBUTION FOR EMPLOYEES AND THE EMPLOYER'S CONTRIBUTION FOR ANNUITANTS AT DIFFERENT AMOUNTS WHEREAS, Government Code Section 22850.3 provides that a contracting agency may elect upon proper application to participate under the Public Employees' Medical and Hospital Care Act with respect to a recognized employee organization only; and WHEREAS, Government Code Section 22754 (g) d~fines any Special District as a contracting agency; and WHEREAS, Government Code Section 22857 provides that a contracting agency may Iix the amount of the employer's'contribution for employees and the employer's contribution for retired employees and survivors at different amounts provided that the monthly contribution for retired employees and survivors shall be annually increased by an amount not less than 5 percont of the monthly contribution for employees, until such time as the amounts are equal; and WHEREAS, A Special District is bercby defined as a non-profit, self-governed public agency within the Slate of California, and comprised solely of public employees performing a governmental rather than proprietary function; and WHEREAS, City of Santa Aha, hereinafter referred to as Special District is an entity meeting the above definition; and WHEREAS, The Special District desires to obtain for the members of the City Council who are active and retired officials of the agency, the benefit of the Act and to accept the liabilities and obligations of an employer under the Act and Regulations; and WHEREAS, Government Code Section 53208.5 Co) prohibits any elective member of a legislative body whose service first commences on and aRer January 1, 1995, from receiving health and welfare benefits greater than the most generous schedule of beneiits being received by any category of nonsafety employees; and WHEREAS, Government Code Section 53201 (c) (2) prohibits a local agency that did not provide benefits to former elective members ora legislative body before January 1, 1994, from providiag benefits after January 1, 1994 unless the members participate on a self-pay basis; and WHEREAS, Government Code Section 53201 (c) (1) provides that a legislative body that provided benefits to former elected members shall not provide benefits to any person first elected to a term of office that begins on or after January 1, 1995, unless the member participate on a self-pay basis or was fully vested prior to January 1, 1995; and NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA: (a) That the Special District elect, and it does hereby elect, to be subject to the provisions of the Act; and be it further: That the employer's contribution for each employee shall be the amount necessary to pay the full cost of his enrollment, including the enrollment of his family members in a health benefits plan up to a maximum of $16.00 per month; and be it further: 409