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Home My WebLink AboutNS-2235E - Authorizing an Amendment to Contract Between the City Council of the City of Santa Ana and the Board of Administration of the California Public Employees' Retirement System, and Stating the Reasons for its Urgency375 ORDINANCE NO. NS-2235E AN EMERGENCY 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, AND STAT- ING THE REASONS FOR ITS URGENCY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That an amendment to the contract between the City of Santa Ana and the Board of Administration, California Public employee's Retirement System is hereby authorized, a copy of said agreements being attached hereto, marked as "Exhibit A" and "Exhibit B" 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: The abovesaid amendment shall be effective from and after January 1, 1995. SECTION 4: This ordinance is adopted as an emergency measure for preserving the public peace, health or safety in accordance with section 415 of the Charter of the City of Santa Ana. It has been introduced and adopted at the meeting of the City Council held on the date herein below stated and shall be effective immediately in accordance with section 417 of the said Charter. The reasons for the urgency of this ordinance are as follows: It is necessary that the abovesaid amendment be effective on January 1, 1995. Due to the thirty day period between the date of adoption of a regular ordinance and its effective date, it is necessary that this ordinance be adopted as an emergency measure in order to be effective on January 1, 1995. ADOPTED this 19th ATTEST: ~l~e~eo~' t~UeYcou/nci~ day of December , 1994. COUNC I LMEMB ERS: Pulido Richardson Espinoza Aye Lutz Aye McGuigan Ay~ Mills AyP Moreno Aye APPROVED AS TO FORM: city Attorney 376 CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance ~,~-~,~.~ ff'~' to be the original ordinance adopted by the City Council of the City of Santa Ana on /~- -[ ~'-~'~/ ; and that said ordinance was published in accordance with the Charter of the City of Santa Ana. ~/// C,erkoftheCoun~l ('/'- City of Santa Ana 377 ORDINANCE NS-2235E AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY COUNCIL OF THE CITY OF SANTA ANA EXHIBIT The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of 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 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, December 1, 1984, July 1, 1985, February 1, 1990, July 1, 1990, December 5, 1991, April 15, 1993 and June 16, 1994, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: Paragraphs 1 through 12 are hereby stricken from said contract as executed effective June 16, 1994, and hereby replaced by the following paragraphs numbered 1 through 12 inclusive: 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 60 for local miscellaneous members and age 50 for local safety members. 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. 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); c. Employees other than local safety members (herein referred to as local miscellaneous members). 3 7 8 EXHIBIT "A" ORDINANCE NS-2235E DO NOT SIGN " 'Hl'Brr ON[Y" 10. 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 percentage 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 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 21252.01 of said Retirement Law (2% at age 50 Full). Public Agency elected and elects to be subject to the following optional provisions: a Sections 21263 and 21263.1 (Post-Retirement Survivor Allowance). bo Section 20930.3 (Military Service Credit as Public Service), Statutes of 1974, for those local miscellaneous members and local safety members entering membership prior to October 1, 1981. Section 20461.6 (Different Level of Benefits). Section 20930.3 (Military Service Credit as Public Service), Statutes of 1974, is not applicable to local miscellaneous members and local safety members entering membership on or after October 1, 1981. d. Section 20024.2 (One-Year Final Compensation). e. Section 20818 (Two-Years Additional Service Credit). Section 21382.4 (Third Level of 1959 Survivor Benefits), pursuant to Article 6, (commencing with Section 21380). Public Agency, in accordance with Government Code Section 20740, ceased to be an "employer" for purposes of Section 20759 effective on December 16, 1976. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20759, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20759. 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. Public Agency shall also contribute to said Retirement System as follows: a Public Agency shall contribute $2.00 per member, per month on account of the liability for the 1959 Survivor Benefits provided under Section 21382.4 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. 379 ORDINANCE NS-2235E EXHIBIT "A" 11. 12. A reasonable amount, as fixed by the Board, payable in one installmem within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public ~gency, not including the costs of special valuations or of the periodic investigation and valuations required by law. 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. 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. 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 , 19 BOARD OF ADMINISTRATION PUBL%.E, MPLOYEES' RETIREMENT SYSTEM BYAcTING C~ EMPLOYER SE~,VICES DIVISION PUBLIC EMPL~E,~' RETIREMENT SYSTEM CI~ COUNCIL CITY~F SANTA ANA Presidm~ Officer Witness Date Attest: Clerk PERS-CON-702 (AMENDMENT) (Rev. 8/94) 380 ORDINANCE NS-2235E EXHIBIT "B" AGRg~MENT AUTHORIZING THE RELEASE OF 1959 SURVIVOR BENEFITS ASSETS AND LIABILITIES INTO THE THIRD LEVEL 1959 SURVIVOR BENEFIT POOL BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY COUNCIL OF THE CITY OF SANTA ANA WHEREAS, Government Code Section 21382.4 provides for a single employer rate to be established to provide benefits under said Section on account of members employed by contracting agencies electing to include the provision of said Section in their contracts; and WHEREAS, Government Code Section 21382.4, requires pooling of all assets and liabilities of all contracting agencies on account of benefits provided under Article 6, commencing with Section 21380; NOW, THEREFORE BE IT AGREED, that assets and liabilities of the City of Santa Arm and its covered employees, on account of the benefits provided under Article 6, commencing with Section 21380, shall be pooled pursuant to the provisions of Government Code Section 21382.4. BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM C~Y COUNCIL OF THE CITY OF SANTA ANA BY BY ACTING CHIEF EMPLOYER SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM Presiding Officer Date PERS-CON-59 (Rev. 8/94)