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HomeMy WebLinkAboutAmendment-2001-085A-2001-085 AlRk,� CAPERS California Public Employees' Retirement System 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 and March 8, 2001 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 March 8, 2001, 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. "Normal retirement age" shall mean age 55 for local miscellaneous members and age 50 for local safety members. 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). The required member contribution rate is 9% of reportable compensation. 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 21024 (Military Service Credit as Public Service), Statutes of 1974 for those local miscellaneous members and local safety members entering membership prior to October 1, 1981. C. Section 20475 (Different Level of Benefits Provided for New Employees). Section 21024 (Military Service Credit as Public Service), Statutes of 1974, is not applicalbe to local miscellaneous members and local safety members entering membership after October 1, 1981. d. Section 20042 (One -Year Final Compensation). e. Section 20903 (Two Years Additional Service Credit). f. Section 21573 (Third Level of 1959 Survivor Benefits). g. Section 21548 (Pre -Retirement Optional Settlement 2 Death Benefit). h. Section 21024 (Military Service Credit as Public Service), Statutes of 1976 for local safety members. 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 21573 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 law. 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. 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 effective on the 15 7" day ofi�. BOARD OF ADMINISTRATION CITY PUBLIC EMPLOYEES' RETIREMENT SYSTEM fePfV, AAL & EMPLOYER SERVICES DIVISle EMPLOYEES' RETIREMENT SYSTEM n approved as to CO UwRt AMENDMENT PERS-CON-702A (Rev. 8\96) L S'P�—D I Witness Date EN Ca1PERS California Public Employees' Retirement System Between the A-2001-085 ]Board of Administration California Public Employees' Retirement System and the City Council City of Santa Anna 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 and March 8, 2001 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 March 8, 2001, 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. "Normal retirement age" shall mean age 55 for local miscellaneous members and age 50 for local safety members. 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). The required member contribution rate is 9% of reportable compensation. 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 21024 (Military Service Credit as Public Service), Statutes of 1974 for those local miscellaneous members and local safety members entering membership prior to October 1, 1981. C. Section 20475 (Different Level of Benefits Provided for New Employees). Section 21024 (Military Service Credit as Public Service), Statutes of 1974, is not applicalbe to local miscellaneous members and local safety members entering membership after October 1, 1981. d. Section 20042 (One -Year Final Compensation). e. Section 20903 (Two Years Additional Service Credit). f. Section 21573 (Third Level of 1959 Survivor Benefits)'. g. Section 21548 (Pre -Retirement Optional Settlement 2 Death Benefit). h. Section 21024 (Military Service Credit as Public Service), Statutes of 1976 for local safety members. 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 21573 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 law. 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, 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 effective on the BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM M KENNETH W. MARZION, CHIEF ACTUARIAL & EMPLOYER SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM Approved ge, to conzR City Monar AMENDMENT PERS-CON-702A (Rev. 8\96) day of , CITY COUNCIL ,;0 - J - Witness Date Attest: Clerk .APPROVED AS TO FORM j ENJAMI` KAUFMAN i Chief Asslsta t City Attorney CALIFORNIA PUULIC EMPLOYEES' RETIREMENT SrSTEM Actuarial and Employer Services Division Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229-2709 (916)326-3420 CERTIFICATION OF FINAL ACTION OF GOVERNING BODY I hereby certify that the City Council of the (governing body) City of Santa Ana (public agency) adopted on April 16 2001 by an affirmative vote of a majority (date) of the members of said Governing Body, ordinance NS -2464 (Ordinance or Resolution) No. NS -2464 approving the attached contractual agreement between the Governing Body of said Agency and the Board of Administration of the California Public Employees' Retirement System, a certified copy of said ordinance (Ordinance or Resolution) in the form furnished by said Board of Administration being attached hereto. Clerk/Secretary Patricia E. Hea y Clerk of the Council Title Date f 3 - 0/ PERS-CON-5 (Rev. 1/96) MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION APRIL 16, 2001 POLICE COMMUNITY ROOM 60 CIVIC CENTER PLAZA 6:17 P.M. COUNCILMEMBERS present: MIGUEL A. PULIDO, Mayor PATRICIA McGUIGAN, Mayor Pro Tem CLAUDIA ALVAREZ LISA BIST ALBERTA CHRISTY BRETT FRANKLIN JOSE SOLORIO STAFF present: DAVID N. REAM, City Manager JOSEPH W. FLETCHER, City Attorney PATRICIA E. HEALY, Clerk of the Council MAYOR PULIDO David Mitchell, Police Chaplain CONSENT CALENDAR Mayor Pulido announced the following modifications to the Consent Calendar: • Agenda items 21.B. (Solorio), 22.H. (Christy), 23.A, (Solorio), 25.A. (Christy), 25.B.(Christy), 25.E. (Christy) and 25.H. (Christy) pulled for separate discussion • Agenda item 20.D. was pulled from Consent Calendar for a joint decision with Business Calendar item 55.C. • Mayor Pulido abstained on item 21.B. • Councilmember Franklin abstained on item 25.H. • Addition of Closed Session Report — 19.A. CITY COUNCIL MINUTES 135 APRIL 16, 2001 CONSENT CALENDAR Consent Approve staff recommendations on the following Consent Motion: Calendar items. MOTION: McGuigan SECOND: Alvarez VOTE: AYES: Alvarez, Bist, Christy, Franklin, McGuigan, Pulido, Solorio (7) NOES: None (0) ADMINISTRATIVE MATTERS MINUTES Motion: Approve minutes. (Items 10.A. and 103.) 10.A. ADJOURNED REGULAR MEETING OF APRIL 2, 2001 10.B. REGULAR MEETING OF APRIL 2, 2001 ORDINANCES SECOND READING Motion: Place ordinance on second reading and adopt. (Items 11.A. thru 11.C.) 11.A AGMT NO. 2001-085 - AMEND THE CONTRACT WITH THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEE'S RETIREMENT SYSTEM - 3% @ 50 FOR PUBLIC SAFETY EMPLOYEES Placed on first reading on March 19, 2001 and approved by a 7-0 vote ORDINANCE NO. NS -2464 - An ordinance of the City Council of the City of Santa Ana authorizing an amendment to the contract between the City Council of the City of Santa Ana and the Board Of Administration of the Public Employees' Retirement System - Personnel Services Agency 11.B. AMENDMENT APPLICATION NO. 2001-01: 1312 THROUGH 1336 WEST SANTA ANA BOULEVARD Placed on first reading on April 2, 2001 and approved by a 7-0 vote CITY COUNCIL MINUTES 136 APRIL 16, 2001 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 19, 2001 TITLE: AMEND THE CITY'S CONTRACT WITH THE PUBLIC EMPLOYEE'S RETIREMENT SYSTEM TO PROVIDE THE 3% @ 50 RETIREMENT BENEFIT TO LOCAL SAFETY MEMBER CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED As Recommended' As Amended Ordinance on I" Reading,3 -40 Ordinance on 2nd Reading Implementing Resolution Set Public Hearing For CONTINUED TO FILE NUMBER ( A� -eEo 2069-02Z 1. Adopt a Resolution of Intention to Public Employees' Retirement System provide Section 21362.2 (3% @ 50 safety members. amend the contract between the and the City of Santa Ana to retirement formula) for local 2. Adopt an Ordinance authorizing an amendment to the contract between the City of Santa Ana and the Public Employees' Retirement System. DISCUSSION In accordance with the Memoranda of Understanding between the City of Santa Ana and the Police Officers' Association (POA) and Fire Benevolent Association (FBA), the City has agreed to amend its contract with the Public Employees' Retirement System to provide the new 3% @ 50 retirement formula for local safety members. The City's current assets in the Public Employees' Retirement System (PERS) are being applied and as a result there is no immediate cost to the City for this added benefit. Due to these assets, the City's normal rate cost of zero percent is expected to continue for approximately eight years. Over time, the actuarial additional cost needed for this benefit for all existing safety employees' past and future service to the time every member leaves City service is $46,014,620. This amount includes $42,645,475 identified as the unfunded accrued liability for past services by City Safety employees. This future cost will be paid in annual amounts determined by a CalPERS Actuary and will be included in future budgets. Page 1 1 mAN PERS Contract Amendment Establishing 3% at 50 For Safety Members March 19, 2001 Page 2 FISCAL IMPACT There is no immediate fiscal impact associated with this action. Enrique J. Alva Executive Director Personnel Services Agency 12.A. Page 2 -J k,_ Ca1PERS California Public Employees' Retirement System EXHIBIT A 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 and March 8, 2001 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 March 8, 2001, 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. "Normal retirement age" shall mean age 55 for local miscellaneous members and age 50 for local safety members. Page 5 12A 'LEASE DO NO -1 AWE ONS `. 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). The required member contribution rate is 9% of reportable compensation. 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 21024 (Military Service Credit as Public Service), Statutes of 1974 for those local miscellaneous members and local safety members entering membership prior to October 1, 1981. 12A " . Page 6 PLEASE DO NOT SIGN "EXN113lT 0�I C. Section 20475 (Different Level of Benefits Provided for New Employees). Section 21024 (Military Service Credit as Public Service), Statutes of 1974, is not applicalbe to local miscellaneous members and local safety members entering membership after October 1, 1981. d. Section 20042 (One -Year Final Compensation). e. Section 20903 (Two Years Additional Service Credit). f. Section 21573 (Third Level of 1959 Survivor Benefits). g. Section 21548 (Pre -Retirement Optional Settlement 2 Death Benefit). h. Section 21024 (Military Service Credit as Public Service), Statutes of 1976 for local safety members. 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 21573 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 law. Page 7 I ZM WAM 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. 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 effective on the day of BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SY �\ �- CITY OF SANTA ANA BY BY KENNETH W. MARZION, F PRESIDING OFFIC� ACTUARIAL & EMPLO�I ERVICES DIVISION \ A\ PUBLIC EMPLOEE TIREMENTSYSTEM Ess Date Attest: Clerk AMENDMENT PERS-CON-702A (Rev. 8\96) 12A Page 8 Ca1PERS California Public Employees' Retirement System EXHIBIT A 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 and March 8, 2001 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 March 8, 2001, and hereby replaced by the following paragraphs numbered 1 through 12 inclusive: 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. "Normal retirement age" shall mean age 55 for local miscellaneous members and age 50 for local safety members. Page 11 12A ,LEASE 00 N01 SIGN "EXHIBIT 0N!' 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). The required member contribution rate is 9% of reportable compensation. 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 21024 (Military Service Credit as Public Service), Statutes of 1974 for those local miscellaneous members and local safety members entering membership prior to October 1, 1981. 12A " . Page 12 PLEASE DO NOT SIGN "EXHIBIT ONI C. Section 20475 (Different Level of Benefits Provided for New Employees). Section 21024 (Military Service Credit as Public Service), Statutes of 1974, is not applicalbe to local miscellaneous members and local safety members entering membership after October 1, 1981. d. Section 20042 (One -Year Final Compensation). e. Section 20903 (Two Years Additional Service Credit). f. Section 21573 (Third Level of 1959 Survivor Benefits). g. Section 21548 (Pre -Retirement Optional Settlement 2 Death Benefit). h. Section 21024 (Military Service Credit as Public Service), Statutes of 1976 for local safety members. 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 21573 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 investig'Joon and ygjuations required by law. n 1' g 1;;$$ . /'1. 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. 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 effective on the day of BOARD OF ADMINISTRATION ��* CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENTSY, VM CITY OF SANTA ANA BY BY �,.. KENNETH W. MARZION, ACTUARIAL & EMPLOY(€ PUBLIC EMPLOYE i — PRESIDING OFFIC :ERVICES DIVISION , k REMENT SYSTEM oONo�S�G� -'"Witness Date Attest: Clerk im AMENDMENT PERS-CON-702A (Rev. 8\96) 1 2 A i — PRESIDING OFFIC :ERVICES DIVISION , k REMENT SYSTEM oONo�S�G� -'"Witness Date Attest: Clerk im RESOLUTION NO. 2001-022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA GIVING NOTICE OF ITS INTENTION'TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF SANTA ANA AND THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. The City Council of the City of Santa Ana hereby finds, determines and . declares as follows:, . . A. The Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System ("PERS") by the execution of a contract, and sets forth the procedures by which any such public agency may elect to subject themselves and their employees to amendments to said Law. B. One of the steps of such procedure to amend a contract between the public agency and PERS is the adoption by the governing board of the public agency of a resolution giving notice of its intention to approve an amendment of its contract with PERS, which resolution by law shall contain a summary of the changed proposed to said contract. C. The following is a summary statement of a proposed change in the contract between the City of Santa Ana and PERS: To provide Section 22362.2 (3% at 50 Full Formula) for local safety members. D. In accordance with provisions of the current Memorandum of Understanding between the City and the Santa Ana Police Officers' Association and the current Memorandum of Understanding between the City and the Santa Ana Firemen's Benevolent Association, the City agreed to amend its current contract with PERS to provide the Section 22362.2 (3% at 50 Full Formula) for local safety members. 2. This City Council of the City of Santa Ana, as the governing body of a public agency which has a contract with PERS, does hereby give notice of intention to approve an amendment of the contract between itself and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto as Exhibit A and by this reference made a part hereof. Resolution No. 2001-022 Page 1 of 2 ORDINANCE NO. NS -2464 AN ORDINANCE OF THE CITY OF SANTA ANA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF SANTA ANA AND THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: The City Council hereby finds, determines and declares as follows: A. The Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System ("PERS") 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. B. In accordance with provisions of the current Memorandum of Understanding between the City and the Santa Ana Police Officers' Association and the current Memorandum of Understanding between the City and the Santa Ana Firemen's Benevolent Association, the City agreed to amend its current contract with PERS to provide section 21362.2 (3% at 50 Full Formula) as a benefit to local safety members. SECTION 2: An amendment to the contract between the City Council of the City of Santa Ana and the Board of Administration of the California Public Employees' Retirement System is hereby authorized, in accordance with the terms of Exhibit A to this Ordinance which is attached hereto and by this reference made a part hereof. SECTION 3: The City Attorney is hereby directed Clerk of the Council are hereby authorized, empowered amendment for and on behalf of the City of Santa Ana. ADOPTED this 16th day of Aoril, 2001 to prepare and the Mayor and and directed to execute said ..1—.1 „1 Ordinance No. NS -2464 Page 1 of 2 CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Division Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229-2709 (916) 326-3420 CERTIFICATION OF GOVERNING BODY'S ACTION I hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the of the (governing body) (public agency) on n4arnh 19, ?nn1 (date) Clerk/Secretary Clerk of the Council. City of Santa Ana Title PERS-CON-12 (rev. 1/96) CALIFORNIA PUBLIC r-MPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Division a �, Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229-2709 (916) 326-3420 CERTIFICATION OF MEMBER CONTRIBUTION RATE I hereby certify that the City of Santa Ana and its safety employees understand and agree that the required member contribution rate for members subject to Section 21362.2 (3% @ 50 Full formula) is 9% of reportable compensation. Signature of Governing Body residing Officer Mayor Pro Tem Title Pat E. Healy, Clerk of the Council Witness March 28, 2001 Date 3% @ 50/ 3% @ 55 Full/Supplemental formula CALIFORNIA PUBLIC .VIPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Division®� Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229-2709 (916) 326-3420 CERTIFICATION OF COMPLIANCE WITH GOVERNMENT CODE SECTION 7507 I hereby certify that in accordance with Section 7507 of the Government Code the future annual costs as determined by the System Actuary and/or the increase in retirement benefit(s) have been made public at a public meeting of the City Council of Santa Ana (governing body) (public agency) of the on March 19, 2001 which is at least two weeks prior to the adoption of the (date) -ROsDfuthn / Ordinance. Clerk/Secretary Clerk of the Council, City of Santa Ana Title Date march 27, 2001 PERS-CON-12A (rev. 1/96)