HomeMy WebLinkAbout2011-054 - Amending the Pars Trust Supplementary Retirement Plan to Include Current Police Union President PayRESOLUTION NO. 2011-054
Js8/10/12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING THE PARS TRUST
SUPPLEMENTARY RETIREMENT PLAN TO INCLUDE
CURRENT POLICE UNION PRESIDENT PAY
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. Effective April 18, 2011, the City of Santa Ana adopted a supplemental
retirement plan with the Public Agency Retirement System ("PARS") (the "Plan").
The Plan's purpose was to provide a stipend for twenty-five (25) Police Officer
Association ("POX) retirees that were denied PERSable compensation under
the California Public Employee Retirement System (CaIPERS) for salary
increases they received in exchange for participating in an unpaid furlough
program.
B. The Plan provided that "The Employer shall have the right to amend, modify or
terminate this Plan at any time".
C. A recent CaIPERS audit determined that the special assignment pay received by
the POA president did not meet the definition of compensation and would not be
considered reportable compensation in the calculation for PERS retirement
benefits.
D. The City proposes to amend The Plan with PARS to include the incumbent POA
President so as to provide the level of benefits he would have received had
PERS not determined the Union Pay to be not-reportable. No additional retirees
will be eligible to participate in the supplementary retirement plan.
Section 2: The City Council of the City of Santa Ana hereby approves the
following amendments to the PARS Trust Plan originally approved April 18, 2011:
A. Section 1.1 "Eligibility for Benefits", is hereby amended to add an
additional Benefit Tier, to read in full as follows:
Tier I
An Employee shall be eligible to receive Retirement Benefits under this
Plan if he or she:
Resolution No. 2011-054
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(a) Is and Employee of the Employer represented by the Police
Officers Association on or after July 1, 2009;
(b) is at least fifty (50) years of age and has completed at least five (5)
years of continuous employment with the Employer immediately
preceding the last day of employment with the Employer;
(c) received a salary increase on July 1, 2009 and/or January 1, 2010,
which was not recognized by CaIPERS for purposes of computing
Final Pay;
(d) has terminated employment with the Employer and concurrently
retired under CaIPERS on or before December 31, 2010, and
remains in retired status under CaIPERS; and
(e) has applied for benefits under this Plan.
Tier II
An Employee shall be eligible to receive Retirement Benefits under this
Plan if he or she:
(a) is an Employee of the Employer serving as the Union President for
the Police Officers Association on July 1, 2011;
(b) is at least fifty (50) years of age and has completed at least five (5)
years of continuous employment with the Employer immediately
preceding the last day of employment with the Employer;
(c) received a Union Pay Premium which was not recognized by
CaIPERS for purposes of computing Final Pay;
(d) has terminated employment with the Employer and concurrently
retired under CaIPERS on or before December 31, 2011, and
remains in retired status under CaIPERS; and
(e) has applied for benefits under this Plan.
B. Article VII, Section 7.1, "Definitions" is hereby amended to change the
definition of Benefit Final Pay, to read in full as follows:
"Benefit Final Pay" means the salary increase granted on July 1, 2009
and/or January 1, 2010 or the Union Pay Premium, which was not
recognized by CaIPERS for purposes of computing Final Pay.
Resolution No. 2011-054
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Section 3: Except as hereby amended all existing terms and conditions of the
PARS Trust Plan shall remain in full force and effect.
Section 4: The City Council certifies that the City of Santa Ana will comply with
applicable Federal, State, and/or local laws, rules, and regulations.
Section 5: This Resolution shall take effect immediately upon its adoption by the
City Council, and the Clerk of the Council shall attest to and certify the vote
adopting this Resolution.
ADOPTED this 24th day of August 2011.
APPROVED AS TO FORM:
By:
ose h Straka
Interim City Attorney
YES: Councilmembers: Alvarez, Benavides, Bustamante, Martinez, Pulido,
Tinajero, Sarmiento (7)
NOES: Councilmembers: None (0)
ABSTAIN: Councilmembers: None (0)
NOT PRESENT: Councilmembers: None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2011-054 to be the original resolution adopted by the City Council of the
City of Santa Ana on August 24, 2011.
Date:
Clerk of the Council
City of Santa Ana
Resolution No. 2011-054
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