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Home My WebLink AboutNS-1783 - Authorizing an Amendment to the Contract Between City Council of Santa Ana and Board of Administration of the California Public Employees Retirement System015 ORDINANCE NO. NS- 1783 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 Council of the City of Santa Aha 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 Aha is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said agency. SECTION 3: be necessary as an health, and safety. This ordinance is declared by the City Council to emergency measure for preserving the public peace, The reasons for its urgency are as follows: (1) The City and the Public Employees Retirement System ("PERS") desire to amend their existing agreement to make certain changes effective July 1, 1985. (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. 85-64 on May 20, 1985, by which the City Council gave notice of its intent to amend the said agreement. (4) Said Resolution No. 85-64 could not be adopted earlier than the May 20, 1985 meeting of the City Council because PERS was unable to provide the required documentation earlier than May 8, 1985. (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. - ORDINANCE NO. NS- 1783 PAGE TWO SECTION 4: This ordinance is adopted as an emergency measure and shall take effect immediately upon adoption. ADOPTED this ~Tth day of 3une, 1985. DANIEL E. GRISET, MAYOR ATTEST: J~'~-~e C. Guy / Clerk of the Council COUNCILMEMBERS: Griset Absent Luxembourger Acosta Hart --A~q~nt Johnson Aye McGuigan Young APPROVED AS TO FORM 017 AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC E~PLOYEESt RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE 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, herein- after 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 and December 1, 1984, which provides for participation of Public Agency in said System, Board end Public Agency hereby agree as follows: A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective December 1, 1984, and hereby replaced by the following paragraphs numbered 1 through 12 inclusive: 1. All words and terms used herein which ere 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, age 50 for local safety members hired prior to October 1, 1981 and age 55 for 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 contrecting 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. e Fmployees 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); 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). 0i8 ® In addition to the classes of employees excluded from membership by said Retirement Law, the following Clhsses 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 as a local miscellaneous member shall be determined in accordance with Section 21251.13 of said Retirement Law (2% at age 60 Full). The fraction of final compensation to be provided for each year of credited prior and current service as a local safety member 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 fraction of final compensation to be provided for each year of credited prior and current service ss a local safety member hired prior to October 1, 1981 shall be determined in accordance with Seetion 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). Sections 21263, 21263.1 and 21263.3 (Post-Retirement Survivor Allowance). Section 20930.3 (Military Service Credit) as defined in Chapter lq37, Statutes of 197q for those local miscellaneous and those local safety members hired prior to October 1, 1981. de Section 20q61.6 (Reduction of Benefits), applied to Section 20930.3, Statues of 197q (Military Service Credit) for local miscellaneous and local safety members hired on or afte~ 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 2002~.2 (One-Year Final Compensation). Public Agency, in accordance with Section 207qO, Government Code, ceased to be an "employer" for purposes of Section 20759 of the Public Employees' Retirement Law ef£ective 0n December 16, 1976. Accumulated contributions of Public Agency as of the aforementioned date shall be fixed end determined as provided in Section 207§9, Government Code, and accumulated contributions as of the aforementioned date and contributions thereafter mede shall be held by the Board es provided in Section 20759, Government Code. 10. Public Agency shell contribute to said Retirement System es follows: With respect to local miscellaneous members, the agency shall contribute the following percentages of monthly saleries eerned as local miscellaneous members of said Retirement System: 11. (1) 0.200 percent until June 30, 2000 on eccount of the liability for prior service benefits. (Subject to annual change.) (2) 14.386 percent until June 30, 2000 on account of the liability for current service benefits. (Subject to ennuel chenge.) be 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) 29.290 percent until June 30, 2000 on account of the liebility for current service benefits. (Subject to annual chenge.) Ce A reasoneble amount, as fixed by the Board, payable in one in- stallment within 60 deys of date of oontract 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. A reasonable amount, as fixed by the Boerd, payable in one in- stellment as the occesions erise, to cover the costs of special valuetions on account of employees of Public Agency, end costs of the periodic investigation and valuations required by law. Contributions required of Public Agency and its employees shell be subject to adjustment by Board on account of amendments to the Public Employees' Retirement 4aw, end on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Lew. 12. Contributions required of Public Agency and its employees shall be paid by Publio Agenoy 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. 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 19 Witness our hands the day of , 19 BOARD OF ADMINISTRATION PUBLIC EHPLOYEES' RETIREMENT SYSTEM CITY COUNCIL OF THE CITY OF SANTA ANA BY BY SIDNEY C. McCAUSLAND, EXECUTIVE OFFICER Presiding Officer Approved as to form: Attest: Legal Offioe~ ~'~ Date Clerk PERS CON-702 C~h'yAttornev/