HomeMy WebLinkAbout90-054R~OLUTION NO. 90-054
A RESOLUTION OF THE CITY ODUNCIL OF THE CITY OF SANTA ANA
DECI2kRING II~r~NTION TO APPROVE AN AME~DM~q!T TO THE OONTRAC~
BETWlq~ THE CITY OOUNCIL OF THE CITY OF SANTA ANA ASD THE
EDARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC ~I_OYEE'S
RETIR~A~T SYST~ (PERS).
141
W}~/qEAS, the Public Employees' Retire~aent 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
resolutic~ giving notice of its intention to approve an amendment to said
contract, which resolution shall contain a summary of the change proposed
in said contract; and
WHEREAS, the following is a statement of proposed charge:
To provide Section 21252.01 (2% at Age 50 Full Formula)
for all local fire safety members.
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 on June 18, 1990 to the
contract between the said governing body and the Board of /~lministration
of the Public Employees' Retirement 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,
1990.
(I)UNCIL M~ERS:
ADOPf~D this 21st day of May, 1990.
Daniel H. Youn~ Marr
City Attorney
young Aye
Acosta Aye
McGuigan Aye
Griset Aye
May A,¥e
pulido AYe
Norton Aye
* * * COPY * * *
~ ~ TO CONTRACT
BOARD OF ADMINISTI~ATION
OF
PUBLIC ~4PLOYF~S' RETIP.~4ENT S~ST]~
CITY COUNCIL
OF -r~us
CIT~ OF SAI~A ANA
143
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 and February 1,
1990, which provides for participation of Public Agency in said System, Board
and Public Agency hereby agree as follows:
ao
Paragraphs 1 through 12 are hereby stricken from said contract as executed
effective February 1, 1990, and hereby replaced by the following paragraphs
numbered 1 through 12 inclusive:
Ail 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' Retiremen% Law except such as apply only on election
of a contracting agency and ~re 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);
Local Police Officers (herein referred to as local safety
members);
Employees other than local safety members (herein referred to as
local miscellaneous members).
85':
5o
k
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 ot said Retirement Law
(2% at age 50 Full).
Public Agency elected to he subject to the following optional
provisions:
Sections 21380-21387 (1959 Survivor Benefits) excluding Section
21382.2 (Increased 1959 Survivor Benefits) and Section 21382.4
(Third Level of 1959 Survivor Benefits).
Sections 21263, 21263.1 and 21263.3 (Post-Retirement Survivor
Allowance).
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.
do
Section 20461.6 (Different Level of Benefits), applicable
to Section 20930.3 (Military Service Credit as Public Service),
Statutes of 1974, for local miscellaneous members and local
safety members entering membership on or after October 1, 1981.
e. Section 20024.2 (One-Year Final Compensation).
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.
85F
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10. Public Agency shall also contribute to said Retirement System as
follows:
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 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.
12.
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 effecti~on
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREME~STEM
BY
CHIEF, CONTRA~ DIVISION
PUBLIC F~.L(.~' RETIRE~ SYSTEM
PERS-CON-702 (AMENDMENT)
(Rev. 6/88)
the day of
CITY COUNCIL ~
OF THE ~
CITY OF SANTA ANA
Witness
Attest:
Clerk
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