HomeMy WebLinkAboutORD-21-91 Rescind Ord. No. 7-91 & Amend Contract CA Public Employees Retirement SystemORDlNANCB NO. 21-
91 lUf URGBNCY ORDINlUfCB 01' THB CITY
COUlllCIL 01' TO CITY 01' ORANGB RBSCINDING
ORDlNANCB lfO. 7-91 lUll) AUTHORIZING lUf AMENDMBNT
TO TO CONTRACT BBTWEBJf TO CITY COUlllCIL
lUll) THB BOARD OF ADMINISTRATION OF
TO CALIFORNIA PUBLIC BMPLOYBES'
RBTlREMENT SYSTEM CONCERNING
SURVIVOR BENEFITS.WHEREAS, the City council of the city of
Orange agreed through salary and benefit negotiations to amend
its contract between the City council and the Board of
Administration of the Public Employees' Retirement System to include
the Third Level of 1959 Survivor Benefits for
local miscellaneous members and local safety
members; and WHERBAB, the city council adopted Ordinance No.
7-91 on February 26, 1991, which authorized the Mayor
to execute an amendment to the California Public
Employees Retirement System Contract to include the Third Level of
1959 Survivor Benefits for local miscellaneous members and local
safety members; and WHEREAS, the Mayor did execute said
amendment on behalf of the
City Council; and WHERBAS, the California
Public Employees' Retirement System representative has advised the City
that the amendment cannot become effective until a procedural
defect has been corrected by rescinding Ordinance No.
7-91 and enacting another Ordinance which will
cure the defect; and WHEREAS, this Ordinance No. 21-
91 is adopted as an urgency measure because
the survivor benefits provisions set forth in the amendment which
should have become effective on July 1, 1991, will not
become effective until an ordinance correcting the defect is adopted.
An ordinance adopted in the regular manner would
take approximately forty days. Since employee benefits could be
adversely affected in that time,the City Council has determined
that the public health, safety and welfare require that this measure
be
adopted as an urgency measure.NOW, THBRBFORB, the City Council
of the City of
Orange does
ordain as follows:Section I:Ordinance No. 7-91,
adopted February 26, 1991, is hereby rescinded and shall
be without
further force and effect.Section II:That an amendment
to the Contract between the City Council of the City of
Orange and the Board of Administration,California
Public Employees' Retirement System is hereby authorized, a copy
of said amendment being attached hereto,marked "Exhibit A", and by
such reference made a part hereof as
though herein
set
section III:
The Mayor of the City of Orange is hereby authorized,
empowered, and directed to execute said amendment for and on
behalf of the City council of the city of Orange.
Section IV:
The facts constituting the adoption of this Ordinance as an
urgency measure are that the City Council has determined that the
procedural defect which could deprive certain survivors of
benefits would take approximately forty days to enact by regular
ordinance. The amendment was to become effective on July 1, 1991,
but shall not become effective until the defect is corrected. By
urgency adoption, the amendment can become effective immediately.
The Council has further determined that employee morale could be
adversely affected: therefore, the public health, safety and
welfare require that this measure be adopted as an urgency measure
as provided in Government Code Section 36937.
section V:
This Urgency Ordinance No. 21-91 shall become
effective immediately upon adoption by the city
council.ADOPTED this 23rd day of
Julv
ATTEST:muug c/ -Pc (P/
JIb4v CityClerk(jJ'th Citpl of
orange STATE OF
CALIFORNIA)COUNTY OF
ORANGE )CITY OF
ORANGE )I, MARILYN J, JENSEN, City Clerk of the City of
Orange,california, do hereby certify that the foregoing
Ordinance adopted as an urgency measure was introduced, duly passed
and adopted at the regular meeting of the City Council held on
the 23 of July, 1991, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:COUNCIL MEMBERS: STEINER, BARRERA, MAYOR BEYER. COONTZ,
SPURGEON COUNCIL MEMBERS:
NONE COUNCIL MEMBERS:
NONE COUNCIL MEMBERS:
NONE Ord No.
21-91
cul~City Clerk th i~of
Orange 2-
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N i'HElOARD
Oi' AOHINISrRA'l.'IOOOi' fiE PUBLIC !
HPLOrxES' ll.ETIRB:KElr.r
SYSTEM AND '
1'llX CI'l.'Y COOllCIL Oi'
fiE CI'l.'
Y Oi' ORANGB EXHIBIT "
A"rhe
BoardofAdministration,. Public Employees'
Retirement System,
hereinafter referred to as BOArd, And the governing bodyofabovepublicagency,hereinafter referred to AS ~Public Agency, having enteredintoAcontrActeffectiveJuly1,' 1958, And witnessed MAY 13, 1958, And as amended effective October 1, 1966, October 7, 1971, JAnuary 16, 1977, Augus~t 26, 1979, April 1,1982, July 24, 1983, March 31" 1985 andDecember31, '1989, which provides for pArticipAtion of Public Agency in sAid System, BOArdAndPublicAgencyherebyAgreeASfollows:A. PArAgrAphs 1 through 11Areherebystricken
from SAid contrAct AS executed effective December 31, 1989, and hereby replaced bythefollowingparAgraphsnumbered1through12inclusive:1. Allwordsandtermsusedhereinwhich
Are defined in the Public Employees' Retirement Law ShAll have the meaning asdefinedthereinunlessotherwisespecificallyprovided. "Normal retirement Age"shallmeanage60forlocalmiscellaneousmembersAndAge50forlocalSAfetymembers.2, Public Agency shall pArticipate inthePublic
Employees' Retirement System from and after July 1, 1958 makingitsemployeesAShereinafterprovided, members of said System subject to allprovisionsofthePublicEmployees' Retirement Law except such AS applyonlyonelectionofacontractingagencyandArenotprovidedforhereinandtoallamendmentstosaidLawhereafterenactedexceptthose, which by express provisions thereof, apply only on the electionofAcontract-ing agency.3. Employees of Public Agency inthefollowing
ClAsses shall become members of SAid Retirement System except such ineAchsuchClASSASAreexcludedbylAWorthisAgreement:A. LOCAl i'ire i'ighters (herein referred
to AS lOCAl SAfety members),b. LOCAl Police Officers (her~in referred to
AS
lOCAl SAfety members);c. Employee. other than local SAfety members (hereinreferred
to A.local miscellAneous members).I i i~t.1~t..t~'f;:'-t.?:
r:
ii.~;! .
1~:,Attacl1.ment Ord.. 2.
1-'91
I
JJuN ''fX1-/([~r- 0 .
AllNl'r"'.I
I
1
In
addition to the classes of employees excluded from'membership by saidRetirementLaw, the following classes of employees shall not become
members of said Retirement System:NO
ADDITIONAL EXCLUSIONS 5.
The
fraction of final compensation to be provided for each year of credited prior
and current service as a local mbcellaneous member '.shall be
determined in accordance. with Section 21251.13 of sa1'd Retirement Law
with all service prior to Federal Socia~ Security termination September30, 1971, su~ject to the reduction provided by said section (2' 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.member shall be determined in
accordance with Section 21252:01 of said Retirement Law 2' at
age 50 Full).7. Public
Agency elected to be subject to the fOllowing optional proy bions:
a. Sections
21263, 21263.1 and 21263,3 (Post-Retirement Survivor Allowance) .
b.
Sections 21380 - 21387 (1959 Survivor Benefits) including Section 21382.2 (
Increased 1959 Survivor Benefits) and Section 21382.~Third Leyel
of 1959 Survivor Benefits).c. Section
20024.2 (One-Year Final Compensation).d.
Section 20818 (Two-Years Additional Service Credit).
8. Public Agency, in accordance with Goyernment Code Section 20740,
ceased to be an "employer" for purposes of Section 20759 effective on
January 16, 1977. Accumulated contributions of Public Agency ahall be
fixed and determined as provided in Goyernment Code Section 20759, and
accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20759.
9. Public Agency ahall contribute to said Retirement Syatem the
contributiona determined by actuarial valuations of prior and future
seryice liability with respect to local miscellaneous membera and
local aafety members of said Retirement Syatem.
Public Agency ahall also contribute to said Retirement System aa
follo",s,
10.
a.A reasonable amount, aa fixed by the Board, payable in one in-'
stallment within 60 daya of date of contract to cover the coata :..:.... , '."
of administering said Syatem as it affects the employees of ", ~ ....:.. ,~" ';:.
Public
Agency, not including the coata ot apeclal valuationa or . .' . .. '.of
the periodic investigation and valuations. requfred by law. .Attachment
Ord, :
21-91 h.:;-
4- .:.y:~!-:;;,,:.~_. w_~.;;;ci:;_;~;;'7N.~:;';;-':"";;:';'::-:;~;;:'" "'~:-J_~-t~;:::"::.:;::;:::--~............_&:.:~ii.::>;>~~~~:':;::~~:::t~~:,;;:7:'-:-~~-.~~~1.~,:\::-: : -
ur~
A".11.
b.
A reAsonAble Amount, AS tixed by the BoArd, pAYAble in one in-atAllmentAStheoccAsionsarise, to cover the costs ot speciAl vAluAtionaonAccountot'employeea of Public Agency, and coata of theperiodicinvestigationandvaluationsrequiredbylaw.i ..:',:,:.:. \,
ContributionarequiredofPublicAgencyanditsemployees"shlill b~' ;b.subjecttoadjustmentbyBoard' on account ot amendments to' the PUbl1c'Employees' Retirement LAW, and on account of the experience under. the RetirementSystemASdeterminedbytheperiodicinvestigAtionand":~."valUAtion. required by add Retirement LAW. ", ....i,
12.
Contributions required of Public Agency and its employees shall be'. '.paidbyPublicAgencytotheRetirementSystem'within fifteen days ','Aftertheendoftheperiodtowhichaddcontributions>refer'or aa mAYbeprescribedbyBoardregulation. If more ~.or leu than the correctamountofcontributionsispAidtor'any period, proper adjustmentShAllbemadeinconnectionwithsubaequentremittancea.AdjustmentsonaccountoferroraincontributionsrequiredofanyemployeemaybemAdebydirectpaymentsbetweentheemploye~ and the Board.B.
This Amendment shall be effective on July ,
19~.BOARD
OF ADMINISTRATION ~~PUBLIC
EMPLO~EES' RETIREMENT SYS~(J 4
BY .
wJt .CIUEB', CONTRACT S~ DIVISION PUBLIC
EMPLO~EES.~.IREMENT SYSTEM Q.~
the
1st day of CITY
COlJNCIL OF
THB CIT~
OF ORANGE 5
0"
J
1
BY
Presiding
Officer J'
Witness
Date 0"Attest: ~
Clerk .
PER$-
CON-702 (AMENDMENT)
Rev. 6/88)
llt:'t.achment Ord, 21-
91 l... :..~~ _. ,
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