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HomeMy WebLinkAbout2011-024 - Supplementary Retirement Plan for Twenty-FiveRESOLUTION NO. 2011-024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE IMPLEMENTATION OF A SUPPLEMENTARY RETIREMENT PLAN FOR TWENTY-FIVE (25) POLICE OFFICERS ASSOCIATION RETIREES, DESIGNATING PUBLIC AGENCY RETIREMENT SERVICES AS THE TRUST ADMINISTRATOR AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE RETIREMENT PLAN AND TRUST DOCUMENTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Public Employees' Retirement Law (PERL) permits the participation of public agencies and their employees in the California Public Employees' Retirement System (CaIPERS) by the execution of a contract, and sets forth the procedure by which said public agencies may amend and supplement such contract; and B. During contract negotiations between the City and the Santa Ana Police Officers Association (POA) for fiscal year 2010-2011, it was agreed by the POA to defer salary increases scheduled for July 1, 2009 and January 1, 2010, except that members of the Association who stated their intention to retire from employment with the City during the term of the Extension would receive salary increases per the original schedule that would qualify for calculation in their retirement formulas and, in exchange for said salary increases, said members would participate in an unpaid furlough program equated to the monetary value of the received increases. Twenty-five (25) members of the Association timely stated their intention to retire, received the salary increases and participated in the furlough program; and C. The Public Agency Retirement System (PARS) is a professional entity that provides supplemental retirement plans to public employees and has agreed to develop a Supplementary Retirement Plan and Trust ("the PARS Trust Supplementary Retirement Plan") for the above-referenced twenty-five (25) POA retirees, supplementing the CaIPERS retirement benefits and qualifying under the relevant sections of the Internal Revenue Code and the California Government Code. Resolution No. 2011-024 Page 1 of 3 Section 2. The City Council of the City of Santa Ana hereby authorizes the implementation of the PARS Trust Supplementary Retirement Plan for said twenty-five (25) POA retirees, as part of the City's Retirement Program. Section 3. The City Council hereby appoints PARS Trust as Trust Administrator and Record keeper for the Plan. Section 4. The City Council hereby authorizes the transfer of funds to a financial institution as agreed upon by PARS and the Plan Administrator as soon as administratively feasible. Section 5. The City Manager and the Executive Director of Personnel Services are hereby authorized to execute and submit the Administrative Services Agreement, Trust document and any other documents necessary to implement the PARS Trust Supplementary Retirement Plan for said twenty-five (25) POA retirees, on behalf of the City. Section 6. The City Council hereby appoints the Executive Director of Personnel Services, or her designee, as the City's Plan Administrator for the Plan. Section 7. The City's Plan Administrator is hereby authorized to implement the Plan and to take additional actions as necessary to maintain the City's participation in PARS, maintain compliance with any regulations regarding the Plan, and to administer the PARS Trust Supplementary Retirement Plan for said twenty-five (25) POA retirees, on behalf of the City. Section 8. If the City's Plan Administrator finds that the PARS Trust Supplementary Retirement Plan for said twenty-five (25) POA retirees must be limited under Section 415 of the Internal Revenue Code, then the Plan Administrator will implement replacement benefit programs at no additional cost to the City. Section 9. This Resolution shall take effect immediately upon its adoption. Resolution No. 2011-024 Page 2 of 3 ADOPTED this 18th day of April 2011. CQ .e Miguel A. Pulido So,,, Mi ?+(•,e?a Mayor APPROVED AS TO FORM: City Attorney's Office B Y; Jose h Straka Interim City Attorney AYES: Councilmembers: NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Alvarez, Benavides, Bustamante, Martinez (4) None (0) None (0) Pulido, Sarmiento, Tinaiero (3) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2011-024 to be the original resolution adopted by the City Council of the City of Santa Ana on April 18, 2011. Date: Clerk of the Council, City of Santa Ana Resolution No. 2011-024 Page 3 of 3