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Home My WebLink About84-062RESOLUTION NO. 84-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF SANTA ANAAND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System 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; and WHEREAS, one of the steps in the procedure to amend this contract is the adoption by the legislative body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolu- tion shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide Section 20024.2 (One-year final compensation) for local fire members only. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana: 1. That the City Council of the City of Santa Ana does hereby give notice of intention to approve an amendment to the contract between the said governing body and the Board of Administration of the Public Employees' Retire- ment System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof. 2. That this Resolution shall be operative from and after May 21, 1984. ADOPTED this 21st day of May , 1984, by the following vote: ATTEST: C. On ~'CLERK OF THE COUNCIL ~'K~ ~m~0URGER, ~YOR~ COUNCILMEMBERS: Luxembourger Aye Griset Aye Acosta Ave Bricken Aye Johnson Aye McGuigan Aye Young Aye APPROVED AS TO FORM: E~AR~ J/ ~Of~ CITY ATTORNEY" A~ENDMENT TO CONTRACT B£TWE£N TH£ BO~D OF ADmINISTRaTION OF T~E PUBLI~ EMPLOYEES' ~ETIRE~NT SYST~ ~D THE CITY COUNCIL OF THE Admtnts:r~tz~fi~tc Employees Retirement System, herein- . The Board mY:er re~erred :o 8s Board, and :~v~g body of above public a&ency, here in~f:er referred to a~ Pbb22o Agency, h~tered into a eontrao: effective July 1, ;9q7, and witnessed Now;nber 25, 1~/ ~ a~nded effective October , 195 , February 1, 195~, Sep~e~ber 1, 1956, Julyi~ 1959, November 1, 1960, September 1, 1963, Apr13 1, 196a. February 1, 1965, January 15, 1969, November ~, 1970, June 3, 197~, December 36, 1976, December 1, 1978, and October 1, ]981, ~hich provides ~or participation of Public Agency in said System, Board and Public Agency hereby agree as Follows: Paragraphs I through 11 are hereby stricken from maid contract aa executed effective October 1, 1981, an¢ hereby replaced by the following paragraphs numbered 1 through 12 inclusive: All words and terms used herein which are defined in the Public Employ- ecs' 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 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, 19q7 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 loc;{1 safety members); be Local Police Officers (herein referred to as local safety members); Employees other than local ~afety members (her~in referred to a~ local miscellaneous member~). ~ addition to the classes of employees ex~,~ be ship by ~aid Retirement Law, the following classes of'Md~l~u~s shall not become members of said Retirement System: YVES,, 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 212§1.13 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 for those local safety members hlre~ on or after Octobe~ 1, 1981 shall be debermined in accordance with Section 21252.6 of said Retirement Lm, (2% at age 55 Full). The Fraction 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, lgB1 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 (Ihcreaaed 1959 Survivors benefits). b. Sections 21263/21263.1 (Post-retirement survivor allowance). Section 20930.3 (Military service credit) as defined in Chapter 1437, Statutes of !974, for those local miscellaneous members and those local safety members hired prior to October l, 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 a£ter October 1, 19gl, and applied bo Section 21252.01 (from 2% Q 50 Full formula to 2% Q 55 Pull formula) for those local safety members hired on or after October 1, lgBl. Section 20024.2 (One-year final compensation), for local fire members only. Public Agency, in. accordance:with Section 20740, Government Code, ceased to be an "employer" for purposes of Chapter 6 of the Public Employees' Retirement Law effective on December 16, 1976. Accumulated contrlbutJ:ns of Public Agency as of the aforementioned date shall be fixed and ~etermlned as provided in Section 20759, 0overnment Code, and accu~.ulated contributions as of bhe aforementioned date and con- trtbutiohs thereafter made shall be held by the Board as provided in Section Y3759, Government Code. 10. A/n ' u; · r · Public Agency shall contribute to~d~.tt ement System as follows. a. With respect to local miscellaneous ~r~he agency shall contribute the followln~ percenta~em of ~W~//salartes earned ~m local mtmcellaneou~ members of sa~d ~etlrement System: (~) O.151 percent until June 30, 2000 on account of the liability for prior service benefits. (Subject to annual change.) (2) 12.647 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 aafety members of said Retirement System: (1) 27.300 percent until June 30, 2000 on account 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. 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. 11. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of ~mendments to the Public Employees' Retirement Law, and on account of the experience under the R6tirement System as determined by the periodic investigation and val- uation required by said Retirement Law. 12. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within thirty days after the end of th~ 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, or adjust- mE nts on account cf 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. B. This amendment shall be attached to said contract and shall be effective on the day of , lg.._. Witnesa our hands the day of ., BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RET] REHENT SYSTEM BY , SIDNEY C. McCAUSLAND, EXECUTIVE OFFICER CITY COUNCIL OF THE CITY OF SANTA ANA ~'/'//, ~s. jidin~ Officer Approved as to form: Attest: Office,'mDate / -- Clerk PERS CON-T02