HomeMy WebLinkAbout98-076 - Public Employee's Medical and Hospital Care ActRESOLUTION 9S-076
A RESOLUTION OF THE CITY COUNCIL AND CITY OF SANTA ANA ELECTING
TO BE SUBJECT TO PUBLIC EMPLOYEES,~ MEDICAL AND HOSPITAL CARE
ACT ONLY WITH RESPECT TO MEMBERS OF A SPECIFIC EMPOYEE
ORGANIZATION FIXING THE EMPLOYER'S CONTRIBUTION FOR
EMPLOYEES AND THE EMPLOYER'S CONTRIBUTION FOR ANNUITANTS AT
DIFFERENT AMOUNTS
WHEREAS, Government Code Section 22850.3 provides that a contracting agency may elect
upon proper application to participate under the Public Employees' Medical and Hospital Care Act with
respect to a recognized employee organization only; and
WHEREAS, Government Code Section 22754 (g) d~fines any Special District as a contracting
agency; and
WHEREAS, Government Code Section 22857 provides that a contracting agency may Iix the
amount of the employer's'contribution for employees and the employer's contribution for retired
employees and survivors at different amounts provided that the monthly contribution for retired
employees and survivors shall be annually increased by an amount not less than 5 percont of the monthly
contribution for employees, until such time as the amounts are equal; and
WHEREAS, A Special District is bercby defined as a non-profit, self-governed public agency
within the Slate of California, and comprised solely of public employees performing a governmental
rather than proprietary function; and
WHEREAS, City of Santa Aha, hereinafter referred to as Special District is an entity meeting the
above definition; and
WHEREAS, The Special District desires to obtain for the members of the City Council who are
active and retired officials of the agency, the benefit of the Act and to accept the liabilities and obligations
of an employer under the Act and Regulations; and
WHEREAS, Government Code Section 53208.5 Co) prohibits any elective member of a
legislative body whose service first commences on and aRer January 1, 1995, from receiving health and
welfare benefits greater than the most generous schedule of beneiits being received by any category of
nonsafety employees; and
WHEREAS, Government Code Section 53201 (c) (2) prohibits a local agency that did not
provide benefits to former elective members ora legislative body before January 1, 1994, from providiag
benefits after January 1, 1994 unless the members participate on a self-pay basis; and
WHEREAS, Government Code Section 53201 (c) (1) provides that a legislative body that
provided benefits to former elected members shall not provide benefits to any person first elected to a
term of office that begins on or after January 1, 1995, unless the member participate on a self-pay basis or
was fully vested prior to January 1, 1995; and
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SANTA ANA:
(a)
That the Special District elect, and it does hereby elect, to be subject to the
provisions of the Act; and be it further:
That the employer's contribution for each employee shall be the amount
necessary to pay the full cost of his enrollment, including the enrollment of his
family members in a health benefits plan up to a maximum of $16.00 per month;
and be it further:
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That the employer's contribution for each retired employee or survivor shall be
the amount necessary to pay the cost of his enrollment, including the enrollment
of his family members, in a health benefits plan up to a maximum of $1.00 per
month; and be it further:
(d)
That the employer's contribution for each retired employee or survivor shall be
increased annually by 5% percent of the monthly contribution are equal; and be it
further:
That the contributions for active and retired Council members shall be in addition
to those amounts contributed by the Special District for administrative fees and to
the Contingency Reserve Fund; and be it further:
That the executive body appoint and direct, and it does hereby appoint and direct,
Executive Director of Personnel Services to file with the Board of Administration
of the Public Employees' Retirement System a verified copy of this Resolution,
and to perform on behalf of said Special District all functions required of it under
the Act and Regulations of the Board &Administration; and be it further:
(8) That this Resolution shall be operative from and after January 1, 1999
A'I~EST:
ADOPTED this 19th day of
oct
COUNCILMEMBERS
PULIDO
F. SPINOZA
FRANKLIN
LUTZ
MCGUIGAN
MOP, ENO
RICHARDSON
Aye
Absent
Aye
Aye
Aye
Not Voting
Aye
~'ED AS TO FORM:
lorney
RESOLUTION NO. 98-076
CERTIFICATE OF ORIGINALITY
State of California
County of Orange
I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution No.
~ 0'7 6 to be the original resolution adopted by the City Council of the City of Santa Aha
on /~-/£-??
- ~--'(2ierk of the Council
City of Santa Aha