HomeMy WebLinkAboutORD-48-79 URGENCY MEASURE AMENDING THE CONTRACT BETWEEN CITY AND PUBLIC EMPLOYEES RETIREMENT SYSTEMNGE CITY NEWS: Please publish August 22, 1979 only and send PROOFPROOFOFPUBLICATIONtoCityClerk, P, 0, Box 449, Orange, California 92666.
MARILYN J~.NSEN, CITY_~l;ERK
ORDINANCE NO. 48-
79 AN INTERIM ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ORANGE ADOPTED AS AN
URGENCY MEASURE AMENDING THE CONTRACT
HERETOFORE EXECUTED BETWEEN THE CITY OF ORANGE
AND THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT
SYSTEM.WHEREAS, 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.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE
DOES ORDAIN AS
FOLLOWS:SECTION
I:That an amendment to the contract between the City
Council of the City of Orange and the Board of Administration of
the California Public Employees' Retirement System is hereby
authorized,a copy of said amendment being attached hereto, marked "
Exhibit Only" and by such reference made a part hereof as though
herein set out in
full.SECTION
II:The Mayor of the City Council is hereby authorized,
empowered,and directed to execute said amendment for and on behalf of
said
Agency.SECTION
III:The reasons for the urgency of this ordinance are
as
follows:In Resolution Nos. 4618 and 4550, the City agreed to
provide those benefits more particularly described in Resolution No.
5026,effective May 1,
1979.Through an administrative oversight, authorization to
extend these benefits was not processed in time to meet this
commitment date of May 1,
1979.To avoid a potential adverse impact on the City budget,
it is desirable to implement the herein described change as soon
as
Possible.ADOPTED this 14th day of August,
1979.kf..-.ti'~'7'r
Mayor of the City of Orange
ATTEST:
It,t..ue~:I';;>v' a (Jg~u~
City C1er of clle afty of Orange
Published, Orange City News, August 22, 1979,
A:m~D'.Ir.~lT TO CO:-lTRACT l1ETHEPI TIlE
BOARD Cf ACMItnsTRATION
PU!lUC fJ~Pl..OYEES I nttIIlEHENT SY~TEM
ArlO Tflt
CITY CDUNC IL
f THE
CITY Of ORANGE
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TheBoardof' Adninistration,
Public Employees f Retirement Systffii';' ~~f:el. 'after referred. toitS
8:Jard, and the governing body of above public agency,hereinafter referred to as
Public Agency, havi~ entered into a contract under date of ~Iay 13,
1958, effective July 1, 1958, and as amended effective October 1, 1966, October
7, 1971, and January 16, 1977, which provides for p3rticipation of Pub1 ic
Agency in said System, Eoard and Public Agenc y hereby agree as follows ~ . .A.
Paragraphs 1 through
9 ure hereby stricken from said contract as executed effective January 16, 1977,
and hereby replaced by the following paragraphs nunbered 1 through 1:)
inclusive: .1. All w::>rd
s and terms used herein which are defined in the Pu~lic Employees' Retirement La.. shall
have the meaning as defined therein unless otherwise specifically provided.
Ilflormal retirement age" shall mean age 60 for
local miscellaneous and age 55 for local safety menbers.2, Public f.
genc
y shall f}-3rticipate in the Pub1ic Einployees I Retirement SystEm fran and after
July 1, 1953 making its employees as hereinafter provided, members of
said System SUbject to all provisions of the Public Elnp10yees
I RetirEment Law except such as apply only on election of a contracting
agency and are riot provided for herein and to all anendments to
sa id Law hereafter enacted except such as by exrress provisions thereof apply
only on the election of contracting agancies.3, Employees of
Public
A-gency in the following classes shall become members of said
Retir6!1ent SystEll1 except such in each such class as are exc1lXled by
law or this agreement:a. Local FirEmen (
herein referred to as local safety members);b. Local Policemen (
herein referred to as local safety members) i c. Employees other
than local safety members (herein referred to as local miscellaneous members) .
In cd.jiUon to the classes of enploy'~es excluj(fj from mrmbership tJ
said R~'.:ir~ent Law, the fOllo'.ti.pg cl?ss~s of <nployees shall not
beco""" ~enb2rs of said R,~tire:nent Syst~m:
NO ADDITIO!:t,L E)'CLUSIO'IS
4. The fraction of finai co;nlX'nsation to be provided for each year of
credited prior and current service oS a local miscellaneous mE!1',ber
5.'1a11 be that prov id-=d in Section 21251.13 of said Retirement Law wi th
all serlice prior to &leial Security termination September 30, 1971,
subject to the reduction proviced by said section.
5. The fraction of final canp~nsati:;n to b2' prov ided for each year of
cred ited ~rior and current service as a 16cal s<lfety menber shall be
deter.:lined in accordance with S.ection 21252.1 of said Retirenent Law
On,,-half pay at age 55).
6. The fo11o'.in6 additional provisions of the Public Bnp10yees' Retire-
ment Law 'Hnich apply only uJXA1 el""ction of a contractil1; agency shall
apply to the Puhlic Agcncy and its 'S.'TIployees:
a. y=ction 20952.5 (Age 5~ 'Iolur.tary retiren.:mt) for local safety
manb2rs only.
b. ~ections 21380-213fl3 (1951 Survivors
Program).c. S€ctions21263/21263.1 (hst-retirement
survivor allowance).d. Section 20024.2 (One-year
final can~ns3tion).e, Section 21382.2 and 21390 (Increased
1959 Survivors benefits),for local
fire msnber s.7. Public Agency, in accordance with Section
20740, QJvernment Code,ceased to be an "employer" for purp:>ses of Chapter 6
of the Public Enp10yees' Retirement Law effective on
January 15, 1977.ACCUTIubted contributions of Public Agency as of
the aforE!!lentioned dste shall be fixed and determined as provided
in Section 20759,Goverrr.v:mt CodeI and aCCi.lflulated contributions asof the
aforE!11~ntioned date and cont.ributions thereafter male shall be held by
the Poard as provided in Section
20759, Goverment Code.8. Public Agency shall contribute to sai9 RetirementSystemas
follo\o,S:a. '"ith respect to miscellaneous members J the
agency shall con-tribute the following p:rcentages of monthly
salaries earned as miscellaneous members of
1) O. U99 percent until June 30, 2000 on account of the
liability for prior service benefits.
12.759 pe:-ce:lt on account of the liability for current
service ber-
efits.3) 0.182 percent on account of the liability for the
1959 Surv i vor Progr
an.b. Withres!>~ct to local safety members; the agency shall
contribute thefollowif1[\ percentoges of monthly salaries earned as
local safety mEmber s of said Retirement
System:1) 0.228 percent until June 30, 2001 on ?ccount of
the liability for prior service lJ.=
nefits.2) 15.590perce:1t0:1 ~ccount of the liability for
current serv ice b~nefi
ts.3) O.02U percent on accoLint of thiJ liability for the
1959 Surv i vor
Progrml.c. A reasonable anolll1tp:lr ann un , as fixed by the Ebard to cover
the costs of administering said SystEm as it affects theC'Tlp10yees
of Public Agency, noti:1cllxling the costs of special valuations
or of the period ic investigntion and valuations required by
law.d, A reasonable i?'~Olll1t as fixed by the Board, payable in one
install-ment as tha occ8sions arise, to cover the costs of special
valua-tions on account of employees of Public Agency, and costs of
the period ic investigation and valuations required by
law.9.Contributions required of Public Agency and its Employees shall
be subject to udjustment by Eoard on account ofanend:nents to the
Public Einployees' Retirement Law, and on accoLB1t of the experience under
the RetirEment SystEm as deter:nined by the periodiC investigation
and val uation required by said Retirement
Law.Contributions required of Public Agencyand its ernp10yees shall
be paid by Public Agency to the Retirement System wi thin thirty
days after tha end of the perioo to which said contributions refer or
as may be presc'ribed by lbard regulation. If more or less than
the correct 8lllOunt of contributions is paid for any perioo,
proper adjustment shall bema:le in connection with subsequent remittances.
or adjustments on account of errors in contributions required of
any employee may be mooe by direct cash payments between the employee
and the &lard. Payments by Public Agency to lbard may be made in the
fonn of warrants, bank ch'=cks. banI< drafts. certified checks, money
orders or
cash.
r ,nis am~~d:nent shall be attached to said contract and s.'1all be effective on
the
day of , 19_,I..:~
t:1essour ha~.j s t.he day of 19_D
CF ArI1I'IISiRATION D~:
3L:C S~FtOYE::SIRETIREMENTSYSTEM CITY
COutl::ILor
TIlE CITY
or ORANGE l
J. Elechinzer,of, ~. .; ~, ;
r;:.."" ":::;':
1 J \'
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BY 'I: ! " .' ""Executive Offic& ' - ,i -~: _
Pr~;;
ijing,::
Vt~
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r l~ro'Jej 2S
tofor.!:
Attest:Ten Acei~
ur.o> p~~ Legal Offic~Clerk PERS
CON-702
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss
CITY OF ORANGE )
I, MARILYN J, JENSEN, City Clerk of the City of Orange,
California, DO HEREBY CERTIFY that the foregoing ordinance
was regularly introduced, reading in full was waived, was read
by title, was passed and adopted at a regular meeting of the
City Council, City of Orange, California, held on the 14th day
of August, 1979, by the following vote, to wit:
AYES:
NOES:
ABSENT:
BARRERA, SMITH, MAYOR HOYT, PERE:z., BEAM.
NONE.
NONE.
COUNCIUiEN :
COUNCILMEN :
COUNCILMEN:
WITNESS my hand and seal this 15th day of August, 1979,
7J! ~/I/P-7:Y1 ff ,t.)31:
4l-d~?Marilyn J,
Jt;nsen City Clerk of the City