ORD-05-82 AMENDING THE CONTRACT FOR THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEMIIIIIIIIIIIIIII
ORDINANCE NO. 5-
82 AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING THE CONTRACT
HERETOFORE EXECUTED BETvffiEN THE CITY OF OR1U~GE 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 Ci ty 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" andbysuchreferencemadeaparthereofasthoughhereinsetoutin
full.SECTION
II:The Bayor of the City Council is hereby authorized,
empowered,and directed to execute said amendment for and on behalf of
said
Agency.SECTION I
II :This ordinance shall be published once within fifteen (15) days after is passage in the Orange Ci ty News, a newspaper of
general circulation, published and circulated in the City of Orange, and
shall take effect thirty (30) days from and after the date of its
final
passage.ADOPTED this 23rd day of February
1982.
ATTEST:CIt~~~thnt~O:
llEXHIBIT
ONLY"AMENDl'
E1rr 'ro CORTPJ.C'! BETliEU THE BOA...~
DOF AD1U1'ISTRATIO!PUBLIC
OO'LOYEES r R!:
TIR~NT srs~AND
TRE CIT!
COUNCIL OF
TEE CIT'!
OFCR.A5GE The
Board of Administra tion, Public ~ployees' Retirement System", herein-after
referred to as Board, and the govern..i.ngbody of above public agency, here-after
referred to as Public Agency, having entered into a contract unde~ da~e of ~
2Y 13, 1958, effective July 1, 1958, a..ndas amended effective Octobe:--j,1966,
October 8, 1971, January 16, 1977 Uid August 26, 1979, vhich 'Provides for participation
of Public Agency in said System, Board and Public .Age~cy hereby agree
a.s f 011 OYS :A.
Pa~agraph8 1 through 10 are' hereby stricken from said contract as executed effective
August 26, 1979, and hereby replaced by the folloving paragraphs num.
o~ered 1 thrcro..gh1 0 inclusive:r.#
1'.
J..11 words and terms used herein vhich are d~ei d in the Public Employees
r :
Retirement Lav shall have the mean' as defined therein unless
otherwise specifically p~vided. -Wo 1 retirement age~ sha mean
age 60 for local miscellaneous and age for loc!:.lsafety members. ?
if Public .
A.genc:y shall participate in the ~iC Employees' :Retirement i.Sys
tem from and a!'ter July 1, 1958 ~ i;;s employees as hereinafte':provided,
m.embers of said Systs S"Ubje~to all provisions of tbe~~.-Public Employees
t :Retirement
LaY e:rce~chas apply only on election, .of a.
contracting agency and are not ~vided for he!"ein andto all' ~amendments to
said Law hereafter ena~d except such ae by express -~provisions thereof apply
only on th~lection of contracting egencie o .Employees of
Public
Agency in the~llo;;r,g classes shall become IIEmbers of said
Retirement Syste~rcept such in each such class as are excluded by
lav or this ag~ent:C"(a. Local
Firemen (
herein referred to a8 local safety members);2.b. Local
Policemen (
herein referred to as loc~l safety members);c. Employees other
than local safety members (herein referred to as local 'miscellaneous membe~).
In addition to
the clasBe~ of ~ployee8 ercluded from membersbip ~said Retirement Law,
the follo~~g classes of employees shall not become members of
said Retirement System:NO ADDITIOR~~ EXCLUSIONS
4. ~ne fraction
of final cOmPen8a~~on to be nrovicied for each year of credited prior and
current se~ce as e ~;cal miscellaneous member shall be that -
oroyided in Sect:.or: 2~251.13 of said. Retirement 1a.... vith all senr::..ce
prior toSocialSee.,;:-i ty te:r:--::.nation Se-pterr.ber 30, 1971,8~bject to
the reduction proviced by 5&:0 section.2 -
5.'
The fract~on of final compensa tiOD to be provided for eech year of credited
prior Bnd current service as a local safety member shall be determined
in accordance with Section 21252.1 of said Retirement Lay One-
half pay at age 55).
6. The folloving additional provisions of the Public Employees' Retire-
ment LaY vhicb apply only upon election of a contracting agency shall
apply to the Public Agency and its employees:
a. Section 20952.5 (Age 50 voluntary retirement) for local- safety
members only.
b. Sections 21380-21387, ( 1959 Survivors Program), excluding
Section 21382.2 (Increased 1959 Survivors benefits), for
local misce:laneous members
only.c. Sections 21380-21387; including Section 21;82.2 (1959
Su~vors Program with increased benefits). Section 21382.
2 effective August 26, 1979 for local fire members and to be effective ~
n the effective date of this a.m€Ddment to contract for loca.
l
police members.d. Sections 21263/21263.1 (Post-retirement
survivor
a.llowance).8.e. Section 20024.2 (One-year
final compe~B.tion).fublic Agenr:y, in accordance vi
th sectiora0740, Government Code,ceased to be an "employer" for purpose5 ~ Chapter
6 of the Public Employ~est Retirement Lay effective on ~
uary ~6t 1977. Accumulated contributions of Public Agency as of t~
aforemeDtioDed date shall be fixed and determined as provided in s~
on 20759, Government Code,end accumulated contributions as of
t~ aforementioned date and contribu. tions thereafter made shall ~ held by
the Board as provided in
Section
20759, Government Code. ~I-....Publj,.c Agency shall contribute to ~d
Retirement System as follows:a. With respect to miscellaneou~embers,
the agency shall con-tribute tbe fo:loving perce~ges of
monthly salaries earneo as miscellaneous members
of
8a~Retirement System:s i ) 0.519 percent until Jc1tie 30,. 2000
on account of the liability
for
yrior service benefits.7.21 13.042 percent on account ofthe
liability for
curren't service benefit~.3) 0.'\65 percent on_account of the
liability for the ~
959 Survi~or Program.b. With respect ~o local" safety members, the agency sb~::
c~L~ri~~te the following percentages 0: mOuthly sa.laries
earnec as J.ocal se:ety members
of said Retirement System~I )0.220 percent until June 30, 2001 on
acco~t 0: the liability
for
prior service benefits.
r
2) 16.55l percent OD Rccount of tne 2iabi2ity for current
service benefits.
0.021 perceut on account of the :iability fo~ the 1?59
S~rvivor Program.
c. A reasouab:e amo~nt pe~ anL~, as fixed by the EOErc to cover ~he
costs of administeri~g said System as it affects ~he emn~ovees of
P~b:ic Agency, Lot inc:~Qing the cos~s 0: sneciE:.\~:~F-tio~s ~
r 0: the periodic investigation a~Q va:uatioL~ required by
le~.d. A reesouable amount as fixea by the ~~arc, payable in ODe iust:
ll-meLt as the occasions arise, to c6ver tbe costs of special
valua-tions OD accoun~ of employees of Public Agen~, ane costs of
tne periodic investigatioL and vElua~ions required by
law.9. ~L1:ributions recr~ired of Public Agency ane. l'tSe:r:.ployees sball
be subject to adjustment by Eoard on account of amencments to ~he ~~
blic Employees' Retirement Law, and on acco~nt ~f tbe experience under
the Reti~ement System as determined by the periodic investigation
and VE.lu e. tion requi red by saie. R eti rement
Lay.
f
I Contr~butions ~eq~ired of P~b:ic Agency ana i~s employees shall
be peid by P~blic Agency to the P. e"tirement System loii thin tnir-r:
y days after the end of the period to which said contrib~tioDs refer
or as maybepreser:.. bed by Bos-rd regu.la tion. If more or
less than the correct amount of.contrib~tions is paid for
any period, proper ad~ustment shall be made in connection w~tb subsequent
re~ttances, or adjustments on account of errors in contributions required
ofa~v employee..m.e.y be made by direct cash payments between
the employee and the Boare. Payments by ~~blic Agency to Board may be made
in thefo~of wa::-rants, bank checks, -oarJ.: crafts, ce~ifieo.
checks, money
orners
or cash. "cmendmeLt shall be attached ~o said contract an~shel: be ef:ec~
ive CLo 'C
oay
of O.
r!'";:.s
th'2 O:P' .L.D !-~IN IS':!1t A r.!'
ION
day
0: ~C~
rr"Y CO.~~U-.___,U O
1i' FTT! '"1:'t"._ ~CITY
OF~J.J\GE i:;)
BY
g_.
P~~--c-
r~ O~~_~cer oJ - _
J..l.~ - - -V)s 2:Attes::c
W::. :
ness
0-.;.
1'
handstheCYEES' RE~IP.EMEN~c:::-
y c:: t1" ';'),1:Il..,.#~......._-'.._3:'~L:~J t'
T"Q" "':" '"
u~ \,.,v c:-: ::.
vee E:::"ecI-..:
r.
ger,
2xeCUL:ve
O:::
cer e.e to :CT"'!!::I J;{');~~~'J//
It/tJ e~JT:"=:', ~
e~~.. '_': ::.
ce, I"~:ee ~~:
2 -
COUNTY OF ORANGE
CITY OF ORANGE
ss
I, MARILYN J. JENSEN, City Clerk of the City of Orange,California, do hereby certify that the foregoing ordinance
was introduced at the regular meeting of the City Council
held on the 16 th day of Febru art} , 1982, and there-
after at a regular meeting of said City Council duly held
on the 23rd day of February , 1982, was duly passed
and adopted by the following vote to wit:
AYES:COUNCILMEN: Barrera, Smith, Mayor Beam, Perez, Beyer
NOES:COUNCILMEN: None
ABSENT:COUNCILMEN: None
WlTNESS my hand and seal this
1982;
24th day of February
Jt~~r~~~~City Clerk of t >i of Orange
2 -
NGE CITY NEWS: Please publish Hednesday, Harch 3) 1982, and send PROOF and PROOF OFPLTBLICATIONtoCityClerk, 300 E. Chapman Avenue, Orange, CA 92666
Marilyn J. Jensen, City Clerk
LEGAL
NOTICE ORDINANCE
NO. 5-
82 AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF ORANGE A\1ENDING THECO~"
7RACT HERETOFORE EXECUTED B ETvJEEN THE CITY OF ORANGE AND THE BOARD OF
ADHINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES T RETIRE-MENT SYSTEM"
Original copy
on file in the City Clerk's Office)SYNOPSIS:This
ordinance
c.'hanges thepercentages of contribut ions by the
City of Orange to the Retirement System and excludes Section 21382.
2 of the Retirement Law for miscellaneous members only.
OPTED by
the City Council of the City of .range at a regular meeting held
Tues day, February 23, 19 82, by the following vote:AYES: Barrera,
Smith, Mayor Beam, Perez, Beyer CITY OF
ORANGE Marilyn J.
Jensen, City Clerk A'l"
n;ul..