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Home My WebLink AboutNS-1737REL:ar 6/11/84 ORDINANCE NO. NS-1737 AN URGENCY ORDINANCE OF THE CITY OF SANTA ANA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF SANTA AN^ 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. SECTION 3: This ordinance is declared by the City Council to be necessary as an emergency measure for the preserving the public peace, health, and safety. The reasons for its urgency are as follows: (1) The City and the Public Employees Retire- ment System ("PERS") desire to amend their existing agreement to make certain changes effective July 1, 1984. (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. 84-62 on May 21, 1984, by which the City Council gave notice of its intent to amend the said agreement. (4) Said Resolution No. 84-62 could not be adopted earlier than the May 21, 1984 meeting of the City Council because PERS was unable to provide the required documentation earlier than May 14, 1984. ORDINANCE NO. NS-1737 PAGE TWO (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 effective date for said amendment. SECTION 4: This ordinance is adopted as an emer- gency measure and shall take effect immediately upon adop- tion. ADOPTED this 25th day of June, 1984. ATTEST: ni~e C. Guy ~lerk of the Counc/~il f/ f~.' ~/L~XEMBOURGER, ~OR COUNCILMEMBERS: Luxembourger Aye, Griset Aye Acosta Aye Bricken Nay Johnson Absent McGuigan Aye Young Aye APPROVED AS TO FORM: Edward ~ Coo~er City Atto~ A~ENDMENT TO CONTRACT BETWEEN THE BOARD OF ADNINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF SANTA ANA The Board of Administration, Public Employees' Retirement System, herein- after referred to aa Board, and the governing body of above public agency, here- inafter referred to aa Public Agency, having entered into s contract effective July 1, 19q7, and witnessed November 25, 1946, and as amended effective October 1, 1951, February 1, 195q, September 1, 1956, July 1, 1959, November 1, 1960, September 1, 1963, April 1, 196q, February 1, 1965, January 16, 1969, November 1, 1970, June 1, 1974, De.ember 16, 1976, De.ember 1, 1978, and October 1, 1981, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: Paragraphs 1 through 11 are hereby stricken from said contract as executed effective October 1, 1981, snd hereby replaced by the following paragraphs numbered 1 through 12 inclusive: All words and terms used herein which are defined in the Public Employ- ees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for lo.al 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. 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 ex- press provisions thereof, apply only on the election of a contracting agency. 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 ~embers)r be Local Police Officers (herein referred to as local safety members); Ce Employees other than local safety members (herein referred to as local miscellaneous members). HIBIT A 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 The fraction of final compensation to be provided for each year of credited prior and current service ss a local miscellaneous member shall be determined in accordance with Section 21251.13 of said ~etirement Law (2[ at age 60 Full). 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). The £raction 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). 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: Sections 21380-21387 (1959 Survivors Program) excluding Section 21382.2 (Increased 1959 Survivors benefits). b. Sections 21263/21263.1 (Post-retirement survivor allowance). Section 20930.3 (Military service credit) as defined in Chapter 1~37, Statutes of 1974, for those local miscellaneous members and those local safety members hired prior to October 1, 1981. de Section 20461.6 (Reduction of benefits), applied to Section 20930.3 (Military service credit), Statutes of 1974, for those local miscellaneous and those local safety members hired on or after October 1, 1981, and applied 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. Section 20024.2 (One-year final compensation), for local fire members only. Public Agency, in accordance with Section 207~0, 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 aa provided in Section 20759, Government Code. 10. Public Agency shall contribute to said Retirement System ss follows: 11. 12. ae With respect to local miscellaneous members, the agency shell contribute the following percentages of monthly salaries earned as local miscellaneous members of said Retirement System: (1) 0.151 percent until June 30, 2000 on account of the liability for prior service benefits. (Subject to annual change.) (2) 12.687 percent until June 30, 2000 on account of the liability for current service benefits. (Subject to annual change.) 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 sccount of the liability for current service benefits. (Subject to annual change.) 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. de 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. 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 val- uation required by said Retirement Law. Contributions required of Public Agency and its employees shsll 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 regulstion. If more or less then 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. Payments by Public Agency to Board may be made in the form of warrants, bank checks, bank drafts, certified checks, money orders or cash. the ]Rt day of Witness our hands the day of BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM This amendment shall be attached to said contract and shall be effective on J111y , 19t~__4. CITY COUNCIL OF THE CITY OF SANTA ANA BY SIDNEY C. MeCAUSLAND, EXECUTIVE OFFICER BY Presiding Officer Approved as to form: Attest: Office, Date / -- Clerk PERS C0N-702 APPROVED AS TO FORM: Edward J. Cooper City Attorney