RES-8034 Amending Police Association No. 7497RESOLUTION NO. 8034
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING THE CITY OF
ORANGE POLICE ASSOCIATION RESOLUTION NO.
7497 TO REFLECT CHANGES IN RETIREMENT
CALCULATIONS AND CLARIFY CALLBACK
COMPENSATION LANGUAGE.
WHEREAS, the Public Employees' Retirement Law may
conflict with the retirement calculation and reporting
procedures established in Article XIX, Retirement, section 1
and 2. of the Memorandum of Understanding (MOU) between the
City of Orange (CITY) and the City of Orange Police
Association (COPA) covering the period between December 31,
1989 through June 26, 1993, as set forth in Resolution No.
7497; and
WHEREAS, the CITY and COPA desire to comply with the
State of California Public Employees' Retirement Law; and
WHEREAS, the CITY and COPA desire to clarify procedures
for Callback Compensation established in Article VII,
section 1. Callback Compensation; and
WHEREAS, the CITY and COPA have reached an agreement to
amend the MOU regarding those subjects.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the city of Orange that the attached amendment to the MOU is
approved and incorporated by reference as Exhibit "A" as
though fully set forth herein.
ADOPTED this 16th day of June 1992.
ATTEST:
tfif'[J; ().#Al~
ci y Clerk f e f3tty of Orange
I hereby certify that the foregoing Resolution was duly
and regularly adopted by the City Council of the City of
Orange at a regular meeting thereof held on the 16th day
of June I 19~ by the following vote:
AYES:
NOES:
ABSENT:
SPURGEON
COUNCIL MEMBERS: STEINER, BARRERA, MAYOR BEYER, COONTZ.
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
n~A'/~ ~ iC4f~City Clerk f t C Y of Orange
2-Reso. 8034
Exhibit "A"
AMENDMENT TO MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF ORANGE AND CITY OF ORANGE POLICE ASSOCIATION
Article XIX RETIREMENT section 1 and Section 2 shall be
amended to read as follows:
Article XIX
RETIREMENT
SECTION 1. Employees covered by this Agreement shall
participate in the Public Employees' Retirement System
PERS"). The City shall pay all required employer
contributions for (1) the 2% at age 50 retirement formula,
as set forth in section 21252.01 of the California
Government Code, for all safety members of PERS (i.e., sworn
employees covered by the Agreement); and (2) the 2% at age
60 formula for all non-sworn employees covered by
this
Agreement.A. Effective June 28, 1992 employees shall pay
the employee retirement contribution rate through
payroll deduction to the Public Employees' Retirement
System.B. Effective June 28, 1992 the City shall
implement the provisions of section 414(h) (2) of the Internal
Revenue Code, which allow that the employee contribution to
the Public Employees' Retirement System will be treated
as employer contributions and deferred income for federal
and state tax purposes. The pickup shall be in accordance
with the provisions of Section 20022 (a) (6) of the
California Government
Code.C. Effective June 28, 1992 the base salary of the
non-sworn employees covered by this agreement described
in Exhibit 2" of Resolution 7497 shall be increased by
7%.This salary is "compensation earnable" as defined
in sections 20022 (a) (6) and 20023 of the California
Government code. It shall be reported as such to the Public
Employees'Retirement System. For purposes of determining other
salary bonuses or assignment pay, payoffs of sick leave or
vacation accruals, but not overtime compensation, this 7%
increase shall not be considered, and those calculations shall
be based upon the employee's base salary reduced by
Exhibit "A"
Page 2
D. Effective June 28, 1992 the base salary of the
sworn employees covered by this agreement described in
Exhibit 2" of Resolution 7497 shall be increased by 9%.
This salary is "compensation earnable" as defined in
sections 20022 (a)(6) and 20023 of the California Government
code. It shall be reported as such to the Public Employees'
Retirement System. For purposes of determining other salary
bonuses or assignment pay, payoffs of sick leave or vacation
accruals, but not overtime compensation, this 9% increase
shall not be considered, and those calculations shall be
based upon the employee's base salary reduced by 9%.
E. The employee will be provided with a biweekly
payroll statement showing the amount of contribution as
deferred.
SECTION 2. The City of Orange ("City") agrees to reimburse
all employees included in the unit and represented by the
City of Orange Police Association ("COPA") who retired or
retire from city employment between March 1, 1991, and June
28, 1993 (hereafter referred to as "Retirees") for any
asserted loss, damage or liability resulting from the City's
action on February 24, 1991. The "City'S action"
specifically refers to the change in the City's reporting
procedure to the Public Employees' Retirement System
PERS") regarding reportable earnings.
In particular, if the "City'S action" described above
results in a reduction in the Retiree's retirement allowance
by virtue of reducing the base upon which retirement
calculations are made, the City shall indemnify such Retiree
for the reduction in retirement allowance. The reduction in
retirement allowance shall be the difference between the
full amount of retirement allowance which would have
resulted had the City not taken the action described above
and the reduced retirement allowance computed by PERS. The
Retiree shall be under no obligation to challenge the
determination of PERS in order to receive this
indemnification; provided, however, that if the city desires
to challenge that action of PERS, the Retiree shall be
obligated to cooperate fully with the City. Any such
affected Retiree prior to being entitled to the
indemnification herein shall furnish to the City in writing
his or her asserted request for reimbursement for any such
damage, loss, or liability reSUlting from the City'S action
as described above. The City shall have ninety (90) days
from the presentation of that request for reimbursement to
verify the validity and accuracy of the request for
reimbursement and to pay all valid requests for
reimbursement.
Exhibit "A"
Page 3
Article VII CALL BACK COMPENSATION section 1 shall be
amended to read as follows:
Article VII
CALL BACK COMPENSATION
section 1. CALL BACK COMPENSATION. If employees are
required to report back to work after completing a normal
shift and have left the City premises and/or work location,
or when on a regular day off or any other day when they are
not regularly scheduled to work, they shall be compensated
in cash or compensatory time for actual hours of work with a
minimum of two (2) hours call back compensation, regardless
of whether the employee works less than two (2) hours.
Compensation shall be at the premium rate of time and one-
half (1-1/2) unless the activities performed are
those described in Sections 4 or 9 of Article VIII, in which
case compensation shall be at the straight time
rate.This provision shall not apply to employees who
are continuing on duty after the call back, provided that
the regularly scheduled hours of work may not be adjusted
within 48 hours prior to the time they are scheduled to
commence without the consent of the
employee.This amendment to the Memorandum of Understanding is
hereby executed by the authorized representatives of the City
of Orange and the Association and entered into
this 16th day of June ,
1992.CITY OF ORANGE CITY OF ORANGE POLICE
ASSOCIATION by:
by:
by: ~/!
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