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Home My WebLink About93-012 - Approve Amendment to the Contract Between the Board of Adminstration of the PERSO69 RESOLUTION NO. 93~'012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ~NA DECLARING INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) AND THE CITY COUNCIL OF THE CITY OF SANTA ANA. 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 procedures to amend this contract is the adoption by the governing body of the public agency of a resolution 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 the proposed change: To provide Section 20818 (Two-Years Additional Service Credit) for local 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 to the contract between the said governing body and the Board of Administration 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 February 16, 1993. ADOPTED this 16th day of February , 1993. ~~OUNG, DAN . ATTEST: C. GUY' Clerk o£ the Cou~¢~/l COUNCILMEMBERS Young Ave Pulido Aye Lutz Aye Mills Ave Moreno Aye Norton Aye Richardson Aye APPROVED AS TO FORM: CERTIFICATE OF ORIGINALITY State of California County of Orange I, GUY, attached Resolution adopted by the City JANICE C. Clerk of the Council, do hereby certify the ~- ~/~_3 to be the original resolution Council of the City of Santa Ana on the * > ', Da~t/ez~/g3 City of Santa Ana EXHIBIT ^ AMENDMENT TO CONTRACT BETWEEN THE BOAP. D OF ADMINISTRATION OF TltE l'[JilI.IC Eh'IPIflYEE~;' R'IPTI'II~.EMENT SYSTEM AND TItE CITY COUNC1 [, OF TIlE CITY OF SANTA ANA COPY Tho Board of Administration, Public Employe.¢s' Retirement System, hcreinafle~ referred Io as Board, and lbo governhlg }mdy of above public agency, hereinafter l'of~rr~ to as Public A~ency, having entered i~m: a contract effective July l, 1947, al}d witnessed November 25, 1946. and a~ am~nd~l ¢fl~ctlve Oclob~r 1, ]951, February 1, 19~4, Seplenlber 1, 1956, July 1, 19~9, Novenlber I, 1960, September 1, 1963, April 1, 1964, February 1, 1965, January 16, 1969, November I, 1970, Jnn¢ l, 1974, December'16, 1976, December 1, 1978. October 1, 1981, July l, 1984, December 1, 1984, July 1, 1985, February I, 1990, July 1, 1990 and D~cumber 5, 1991, which provides fi~r particlpathm of Public Agetlcy in said System, Board and Public Agency hereby agree ag follows: Paragraphs I through 12 are hereby stricken from said ¢oulract as exeemed effbctive December 5. 1991, and hereby replaced by the following paragraphs nnmbered I through 12 inclusive: All we/ds and terms u.qed herein which are defined in thc I'nblic Employees' R¢tiremenl Law shall have the meaning as defined therein unless otherwise specifically provide4. "Normal re..tiremen[ age" ~hall mean age 60 for local miscellaneous members and age 50 for local safety ,nemhcrs, Public Agem;y 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 e~cepl such as apply only o. elcclion of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by e~;press provision~ thereof, apply only on Ihe election of a contraclhlg agency, Employees of Public Agency in lite f. lkm, iJ~g 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 ~afe~y members); b. Local Police Officers 0terein referred 1o as l.cal salety memb¢rs); Employees other lhan local safety members 0~erein referred to as local miscellany}us membors), o72. In Itdditlon to the classes of employees c. xclude~ fror~l nlombershtp by said Retirement Law, the following classes of employees shall not become members of said Retiremenl System: NO ADDITIONAL EXC~,USIONS The percentage of final compensation to be provided for each year of credil~ prior and current service as a local miscellaneous member shall be determined in accordance with S-etlon 21251.13 of ~,aid Retirement Law (2 % at age 60 Full). The percentage of final compensation to be provided for each year of credited prior and ctlrrcnt service as a local safety member shall bc determined in accordance with Section 21252.01 of said P, etirement I.aw (2% at age 50 Full), POblic ^gency elect~d to bc ~;ubject to the following optlonal provisions: Sections 21380-21387 (1959 Survivor Benefits) e×cluding Sex:lion 21382.2 (Increased 1959 Survivor Benefits) and Section 2.1382.4 Cl'hird Level of 1959 Survivor Benefits). b. Sections 21263, 21263.1 and 21263.3 (Post-Retirement Survivor Allowance). Section 20930,3 (Mililary Service Crcdlt as Public Service), Statut~ of 1974, for those Iced miscdlunexms memher,~ m~d local safety member,s ~ntering 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 applicahle m Incat miscellanexms members and local safety membert; entering membership on or afte~ October 1, 1981. e. Section 20024.2 (One-Year Final Compensation). f. Section 20818 Crwo-Yoars Additional Service Credit). Public Agency, in accordance with Government Code Sectian 20740, ceased ~o be an "ettll)loyer" for purposes of Section 20759 effective (m December 16, 1976. Accumulated contributions of Public Ageucy shall be fixed and dctermhle, d as provld~ in Government Code Sectlun 20759, and accumulated eontrihutlnn.~ thereafter shall bc held by thc Board as provided in Govermnent Code Section 20759. Pnbllc Agency shall contribute to said Retirement System the contributions determined by actuarial valuatiom of prior and future service li~bilily wilh respccl ~o local mlscellaneous members and local safety members of said Retirement System. lO. 11. 12. Public Agency shall also contribute to said Retirement System as follows: A reasonable amount, as fixed by the Board, payahle in one Installment wilhin 60 d%'s of date of Contract to cover the costs of administering said System as it ail'ems thc employees of Public Agency, not including the costx of special valuations or {ff the periodic Investigation add valuations requh'ed by law. A reasonable amouut, as fixed hy the Board, paytfl~le in ()ne installment as tl~e occasions arise, to cover the costs of special valuations on accouut of employees of Public A~eney, and costs of the periodic investigation add valuations reqnlred by law. Contributions rcquireaJ of PuNic Agency and its employees shall be subject to adjm;tment hy Board on a¢comlt of amendments io lhe Pobllc Employees' Retirement Law, a,~d account of the e×perlence under the Retirement System as determined by the pc.riddle iovestigation and valuation require~l by said Retirement Law. Contributions required of Public Agency and its employees shall be paid by Public Agency tu the Rctiremer~t System within fiflccn days after the end of the period to wi,ich said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contrihotlons is paid for ~ny period, proper adjusm~ent almll be made in connection with suhsequen[ remittances. Adjustments on account of errors in contributions rexlulrext 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 PUBLIC EMPLOYEES' P, ETIREMENT SYSTEM CHIEF. CONTRP~24J' SERVICES DIVISION Pt~nl.IC EMPLOYEE~q' RETIREMENT SYSTEM % CITY COUNCIL OF TIlE CITY OF SANTA ANA BY Presiding ;~ cer Witness Date ~-~ Attest: ~.~ Clerk O5~-