HomeMy WebLinkAbout2007-037 - Board of Administration California Public Employee's Retirement System
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RESOLUTION NO. 2007-037
RESOLUTION OF INTENTION
TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
CITY OF SANTA ANA
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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 20965 (Credit for Unused Sick Leave)
for local safety members.
NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency
does hereby give notice of intention. to approve an amendment to the
contract between said public agency and the Board of Administration of the
Public Employees' Retirement System, a copy of said amendment being
attached hereto, as an "Exhibit" and b' rence made rt hereof.
Mayor
Title
April 16, 2007
Date adopted and approvep
(Amendment)
CON-302 (Rev. 4/96)
Resolution No. 2007-037
Page 1016
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
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AYES: Councilmembers Alvarez. Benavides. Bustamante. Martinez.
Pulido. Sarmiento. Tinaiero (7)
NOES: Council members None (0)
ABSTAIN: Councilmembers None (0)
NOT PRESENT: Councilmembers None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2007-037 to be the original resolution adopted by the City Council of the
City of Santa Ana on Aoril16. 2007.
Date:
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Patricia E. Healy
Clerk of the Council
City of Santa Ana
Resolution No. 2007-037
Page 2 ot6
A
CalPERS
EXHIBIT
California
Public Employees' Retirement System
.
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of Santa Ana
.
The Board of Administration, California Public Employees' Retirement System,
hereinafter referred to as Board, and the governing body of the 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, June 16, 1994, January 1,1995, December 5, 1995, July 5,2000, March
8, 2001, July 1, 2001, April 5, 2002 and November 7, 2002 which provides for
participation of Public Agency in said System, Board and Public Agency hereby agree
as follows:
A. Paragraphs 1 through 12 are hereby stricken from said contract as executed
effective November 7, 2002, and hereby replaced by the following paragraphs
numbered 1 through 12 inclusive:
1. 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. "Nonnal retirement age" shall
mean age 55 for local miscellaneous members and age 50 for local safety
members.
Resolution No. 2007-037
Page 3 016
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2. 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.
3. 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).
4. 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
5. 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 21354 of said Retirement Law
(2% at age 55 Full).
6. 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 21362.2 of said Retirement Law
(3% at age 50 Full).
7. Public Agency elected and elects to be subject to the following optional
provisions:
a. Sections 21624 and 21626 (Post-Retirement Survivor Allowance).
b. Section 20042 (One-Year Final Compensation).
c. Section 20903 (Two Years Additional Service Credit).
d. Section 21548 (Pre-Retirement Optional Settlement 2 Death
Benefit).
Resolution No. 2007-037
Page 4 of 6
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e. Section 21024 (Military Service Credit as Public Service).
f. Section 20965 (Credit for Unused Sick Leave).
g. Section 21574 (Fourth Level of 1959 Survivor Benefits).
8. Public Agency, in accordance with Government Code Section 20790,
ceased to be an "employer" for purposes of Section 20834 effective on
December 16, 1976. Accumulated contributions of Public Agency shall be
fixed and determined as provided in Government Code Section 20834,
and accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20834.
9. 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.
10. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21574 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.
b. A reasonable amount, as fixed by the Board, payable in one
installment 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.
c. 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 iaw.
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.
Resolution No. 2007-037
Page 5 016
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 eff~,i!Ye on the
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BOARD OF ADMrNISTRATrON.'<)~
PUBLIC EMPLOYEES' RET\REMENT SYSTEM
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BY /.",;'
LORI MCGARTLAN,EJ,CHIEF
EMPLOYER SER'fICES DIVISION
PUBLIC EMPLOYEE:S' RETIREMENT SYSTEM
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day of
CITY COUNCIL
CITY OF SANTA ANA
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PRESIDING OFFICER.~\''' '
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Attest:
Clerk
AMENDMENT ER# 0131
PERS-CON-702A (Rev. 10\05)
Resolution No. 2007"037
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