RES-7758 Intention to Approve an Amendment to Contracti
RESOLUTION NO. 7758
A RESOLUTION OF THE CITY
I
COUNCIL OF THE CITY OF
ORANGE OF INTENTION TO
I APPROVE AN AMENDMENT TO
CONTRACT BETWEEN THE
I,J BOARD OF ADMINISTRATION OF
THE PUBLIC EMPZAYEES'
RETIREMENT SYSTEM AND TFIE
CITY COUNCIL OF THE CITY OF
ORANGE
WfIEREAS, 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 procedure 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
WFIEREAS, the following is a statement of the proposed change:
To provide Section 21382.4 (Third Level of 1959
Survivor Benefits) for local miscellaneous members
and local safety members.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Orange hereby give notice of intention to approve an
amendment to the contract between the said governing body and the
Board of Administration of the Public Employees' Retirement
System, a copy of said amendment being attached hereto, as an
Exhibit" and by this reference made a part hereof.
ADOPTED this 12th day of Februar 91.r1
i
o f the ity of ange
Attest:
i ., }z//. yti
City Cler f t of Orange
i .
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 12th day of February
1991 , by the following vote:
AYES: COUNCIL MEMBERS: STEINER, BARRERA, MAYOR BEYER, COONTZ,
SPURGEON
NOES: COUNCZL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
City Cler1 f th it f / range
Reso. 7758 2-
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C O P Y * * *
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The Board of Administration, Public Employees' Retirement Syetem, hereinafter
referred to as Board, and the governing body of above public agency,hereinafter referred to as Public Agency, having entezed into a contract
effective July 1, 1956, and witnessed May 13, 1956, and as amended effective
October 1, 1466, October 7, 1971, January 16, 1977, Auguet 26, 1479, April 1,
1982, July 24, 1983, March 31, 1985 and December 31, 1989, which provides for
participation of Public Agency fn eaid System, Soard and Public Agency herebyagreeasfollows:
A. Paragraphs 1 through 11 are hereby stricken from said contract as executed
effective December 31, 1989, and hereby replaced by the following
paragraphs numbered 1 through 12 inolusive:
1. All words and terms used herein which are defined in the Public
Employeee' Retirement Law shall have the meaning ae defined therein
unless otherwise specifically provided. "Normal retirement age"
shall mean age b0 for local miacellaneaue members and age 50 for local
safety membere.
2. Public Agency shall participate in the Public Employees' Retirement
System from and after July 1, 1958 making its employees as hereinafter
pzovided, members of said Syatem 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 foz herein and to all
amendmenta to said Law hereafter enacted except those, which by
express provisions thereof, apply only on the election of a contract-
ing agency.
3. Employees of Public Agency 3n the following classes shall become
members of said Retirement Syetem except such 3n each euch clase as
are excluded 6y law or th3s agreement:
a. Local Fire Fighters (herein referzed to as local safety members) ;
b. Local Police Officers (herRin referred to as local safetymembers);
c. Smployees other than local safety membere (herein referred to as
local miscellaneous memberey.
T
C O P Y * * I}t7 PlOT g „xH r -o,v r
4. in additian to the classes of employees excluded from memberehip by
said Retirement Law, the following classes of employees shall not
become members of eaid Retirement System:
BO 11DDITIONAL S%CfASIONS
5. The fraction of final compensation to be provided for each year of
i credited ptior and curzent service as a local miscellaneous member
ehall be determfned in accordance with Section 21251.13 of said
Retirement Law with all service ptior to Fedetal Socfal Secuiity
termination September 30, 1971, subject to the reduction provided by
said section (28 at age 60 Full and Modified).
6. The fraction of final compensation to be provided for each year of
credited prior and current service as a local safety membez ehall be
determined in accordance with Section 21252.01 of said Retirement Law
28 at age 50 Full) .
7. Public Agency elected to be subject to the following optional
provisions:
a. Sections 21263, 21263.1 and 21263.3 (Post-Retirement Survivot
Allowance).
b. Sections 21380 - 21387 (1959 Survivor Senefite) including Section
21382.2 (Increased 1959 Survivoi Benefits) and Section 21382.4
Third Level of 1959 Survivor Benefite).
c. Section 20024.2 (One-Yeat Final Compeneation}.
d. Section 20818 (Two-Yeare Additional Secvice Credit}.
8. Public Agency, in accordance with Government Code Section 20740.
ceased to he an "employer" for purposes of Section 20759 effective on
January 16, 1977. Accumulated contribut3ons of Public Agency shall be
fixed and determined as provided in Government Code Section 20759, and
accumulated contributions thereaftez shall be held by the Board as
provided in Govetnment Code Section 20759.
9. Puhlic 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 eaid Retirement Syetem.
10. Public Agency shall also contribute to said Retirement Syetem as
follows:
a. A reasonable amount, as fixed by the Baard, payable in ane in-
stallment within 60 days of date of contract to cover the costs
of administering eaid 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.
t * * C O P Y * * *
b. A reasonable amount, as fixed by the Board, payable in one in-
etallment 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. Contributione reguized of Public Agency and its employees shall be
t subject to adjustment by Board on account of amendments to the Public
Employees' Retirement Law, and on account of the experience undex the
Retirement System as determined by the periodic investigation and
valuation required by said Retirement Law.
l .
12. Contributions required of Public Agency and its employees shall be
paid by Public Agency to the Retirement Syetem within fifteen days
after the end of the period to which said contributions refer or as
may be pzescribed by Board regulation. If more oz less than the
carrect amount of contributions ie paid for any period, pzoper
adjustment shall be made in connection with subsequent remittances.
Adjuetments on account of errors in contributione required of any
employee may be made by direct payments between the employee and the
Board.
B. This amendment shall be effective on the lst day of
July 19 91 .
BOARD OF ADMINISTRATION CITY COUNCIL
PUSLIC EMPLOYEES' RETIREMENT SYST$+IQ OF THE
CITY OF ORANGE y
G'$
BY BY
CHIEF, CONTRACT SERY DIVZSION Presiding Officer
PUBLIC EMPLOYEES' j$YIREMENT SYSTEM tL1'
T
rt i
r Witness Date O''
a ' Attest:
y.
Clerk
PERS-CON-702 (AMENDMENT)
Rev. 6/88y
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C Z
AGR8 1ffiiT r ' S`g
AbTHORISIli6 T RHLBASB OF
1959 SURYIVOR BENBP2T8 ASSBTS AND LIABILIT288
IIPlO THS
THIRD LHVffi. 1959 SORVIttOR BffitSP2T POOL
BBTNSffiP T
BOARD OP AD!(IRISTRATZOIQ
OP THB
PtlBLIC ffi fPLOY$SS' RSPIRffi iffi T SYSTffi!
hND T
CITY COOFCIL
OF THS
CITY OF ORANGS
WHEREAS, the City Council of the City of Orange has adopted a Reaolution of
Intention to Snclude in its contract with the Soard of Adminietration,
Public Employees' Relirement System, pursuant to Government Code
Sectiona 21380-21387, including Government Code Section 21382.4, the
Third Level of 1959 Survivor Benefits for local o iecellaneous members
and local safety members; and
WFiEREAS, Government Code Section 21382.4, requires all asseta and liabilities
of all contracting agencies eubject to this eectian, and their
employees who are covered by this aection, to be pooled lnto a single
account;
NOW THEREFORE BE IT AGRfiED:
Accumulated and/or future contributions cequired of the City of Orangp
and ita covered employees are to be released, pursuant to the
provisiona of Government Code Section 21382.4, to a single account
referred to herein as the Third Level 1959 Survivoz Heneffts Pool.
B(?ARD OF ADMINISTRATION CITY COUNCIL
PIIBLIC EMPLOYEES' RETIREMENT SYSTEM OF THE
CITY OF ORANG6
SY / P-r L,L. , e'r BY
CAIBF, CONTRACT SERVI ES DIVI N e ing Officer
PUSLIC EMPLOYEES' RETIREMSNT SYSTEM
r'`
Approved as to form:Dat fL ff ff7-
Attest: .
C 9j`R9
City Attorney
MARZLYN J. JENSEN
Ci//ty Clerk
C dt2 d l,/1i ( S r'_
DEPUTY CSTY CLERK