ORD-17-83 PUBLIC EMPLOYEE RETIREMENT SYSTEM AMENDMENT TWO YEARS ADDITIONAL SERVICE CREDITI
ORDINANCE
NO. 17-83
AN
INTERIM ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE ADOPTED AS AN URGENCY MEASURE
AUTHORIZING AN AMENDMENT TO THE CON-TRACT
BETWEEN THE BOARD OF ADMINISTRATION OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE
CITY COUNCIL OF THE CITY OF ORANGE BY ADDING
GOVERNMENT CODE SECTION 21382.2 (IN-CREASED
SURVIVOR BENEFITS) AND GOVERNMENT CODE
SECTION 20818 (TWO YEARS ADDITIONAL SER-VICE
CREDIT) BOTH FOR LOCAL MISCELLANEOUS MEMBERS.
and
WHEREAS,
the City of Orange is experiencing budgetary constraints;WHEREAS,
these budgetary constraints require the reduction in work
force; and WHEREAS,
these reductions in work force will occur on or about July
1, 1983, with the adoption of a new fiscal budget; and WHEREAS,
the reduction of personnel on or about July 1, 1983, is of
the essence.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 Public Employees'
Retirement System is hereby authorized, a copy of said amendment
being attached hereto marked "Exhibit A" and by such reference
is made a part hereof as though fully set forth herein.SECTION
II: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 III:
The reasons for the urgency of this Ordinance are as follows:
1. The City of Orange is experiencing budgetary constraints.
2. These budgetary constraints require the reduction in work
force.
3. These reductions in work force will occur on or about
July 1, 1983, with the adoption of a new fiscal budget.
4. Unless this urgency ordinance is enacted to become
effective on or about July 1983, the City would be unable
to enact an ordinance by usual methods as of 'July 13, 1983.
An ordinance enacted pursuant to the regularly established
procedure would require five or six weeks from the day it
was first introduced to become effective.
THEREFORE, pursuant to the procedures of Section 36937 of the
California Government Code, the City Council of the City of Orange
hereby enacts this Ordinance as an urgency measure to become
effective on July 13, 1983, in order to protect the public health,
safety and welfare until the time the permanent ordinance becomes
effective.
ADOPTED this 12th
Attest:
c~ge~range
Ord. No. 17-83
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STATE OF CALIFORNIA
COUNTY OF ORANGE ss
CITY OF ORANGE
I, MARILYNJ. JENSEN, City Clerk of the City of Orange,
California, do hereby certify that the foregoing ordinance
No. 17-83 was regularly introduced, reading in full
was waived, was read by Title, was passed and adopted at
a regular meeting of the City Council of the City of
Orange,California, held on the 12th day of
Julv 1983, by the following vote, to
wit:AYES:COUNCILMEN: SMITH, BARRERA, MAYOR BEAM, PEREZ,
BEYER COUNCILMEN: NONE
NOES:ABSENT:COUNCILMEN:
NONE COUNCILMEN: NONE
ABSTAIN:WITNESS my hand and seal this 13th day
of
1983.
July Marlolyn .
ense City Clerk of the Ci y of
Orange 3-Ord. No.
PLEASE DO NOT SIGN "'EXHlBrr ONLY"
AY.E1\1)YoENT TO COJi"!RACT BETWEEN THE
BOARD OF ADY.:NISTRATION
PUBLIC EflryLOYEES' RET:REKD<T SYSTEM
AN1l THE
CITY COUllCIL
OF THE
CITY OF ORlJiGE
The
Board of Administration, Public Employees' Retirement System, herein-after
referred to as Board, and the governing body of abo~ public agenc,y.hereinafter
referred to as Public Agency, having entered imdo a contract under date
of M~ 13, 1958, effective July 1, 1958, and as amen~ed effective October 1,
1966, October 8,1971, January 16,1977, August 26,1979.. April '. 1982.which
provides for participation of Public Agenc,yin said ~stem. Board and Public
Agency hereby agree as follows:A.
Paragraphs 1 through 10 are hereby stricken from said ClDntract as executed effecti
ve April 1. 1982, and hereby replaced by the f"llfl1:lowing paragraphs numbered
1 through 10 inclusive:1.
All words and te~ used herein which are defined ~ the Public Employees'
Retirement Lay shall have the meaning, li!llS, defiDed thereiD unless
otherwise specifically provided. -Normal, 2Etirement age- shall mean
age 60 for local miscellaneous and age 55 f~~ocal safe~members.
2.
Public Agenc,yshall participate in the Public Em~ees' Retirement System
from and after ,July 1, 1958 making its emp1.!:1yees as hereinafter provided,
members of said System subject to all provisions of the Public
Employees' Retirement Law except such ss ~ly only on election of
a contracting agency and are not provided for !Merein and to all amendments
to said Law hereafter enacted except ~h as by express provisions
thereof apply only on the election of eontractiDg agenci~s.3.
Employees of Public Agency in the following classes shall'become members
of said Retirement System except such in each such c~ass as are
excluded by lay or this agreement:a.
Local Firemen (herein referred to as local ..re~ members);b.
Local Policemen (herein referred to as local eafet,ymembers);c.
Employees other than local safety members (~ein referred to as local
miscellaneous members).In addition
to the classes of employees excluded ~om membership by said Retirement
Lay, the following classes of emp~yee8 shall not become members
of said Retirement System:110 ADDITIONAL
EXCLUSIOIfS EXHIBIT A
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4.
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5.
The fraction of final coopensation to be provide~ :for each year of
credited prior and current service ss a local ~&1Pellaneou5 member
shall be that provided in Section 21251.13 of sa:ruD Retirement Lav with
all service prior to Social Security termination, September 30, 1971,
subject to the reduction provided by said aectio~
The fraction of final compensation to be provide~ ~or each year of
credited prior and current service as a local safftety member shall he
determined in accordance with Section 21252.1 of maid Retirement Lav
One-half pay at age
55). '6. The following additional provisions of the Public: :
Employees'Retirement Lav which apply only upon election o~' IB contracting
agency shall apply to the. Public Agency and its
employees:a. Section 20952.5' (Age, 50 voluntary retireme~ for local
safety members only.-
b.Section 21380-21387, (1959 Survivors programW" excluding
Section 21382.2 (Increased 1959 Survivors benefits~" :for local
miscel-laneous members,
only.c. Section21}80-21387; including Section 21~~ '(
1959 Survivors Program with increased benefits), for local, aaafety
members only.d. Sections 21263/21263.1 (Post-retirement
su~vor allowance).e. Section 20024.2 (
One-year final compensatio~~f. Sections 20818 (Additional service
credit), Etatutes of 1982.7. Public Agency, in accordance with
Section 20740, ~overnment Code,ceased to be an WemployerW 'for purposes of ChaptEr
6 of 'the Public Employees' Retirement Lay effecHve on January
tl!O,. 1971. Accumulated contributions of Public Agency as of the aforeme~
ioned date shall be fixed =d determined as provided in Section
2075!!.. GoveI"IlEient Code,and accumulated contributions as of the
aforeme~oned date and contributions thereafter _de shall be held by 't1be Board
as prov:i.ded in Section
20759,
GoveI'
llllient Code. -' -~, '8. Public Agency_shall contribute to said Retiremenit:System
as follovs:a. With respect to miscellaneous members, the ~
ency shall contribute the following percentages of mo~ly
salaries
earned as miscellaneous members of said Retirement': :
System:1) 0,510 percent until June 30, 2000 on ac:count of
the liability for prior service
benefits.2) 12.446 percent'on account of thaliab:iJtity for
current service
benefits.t~) 0.039 percent on account of the lishildtty for 'the
1959 Survivor
Progras.
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b.Yith respect to local safety members, the ~gency sball contribute
the folloving percentages of monthly salarx~s earned as local
safety members of said Retirement System:
j 1)0.236 percent u~til June 30, 2001 on ~count of the
liability for prior service benefits.
2) 16.595 percent on account of the liabi::lity for current
service benefits.
c. A reasonable amount per annum, as fixed by ~he Board ~o cover the
costs of administering said Systam as it a~ects the employees of
Public Agency, not including the costs of swecial valuations or
of the periodic investigation and valuations required by law.
d. A reasonsble amount as fixed by the Bosrd, ~yable in one
installment as tbe occasions arise, to cove~ the costs of specialvaluationsonaccountofemployeesofPubl~ Agency, and costs of
the periodic investigation and valuations r~uired.by lay.
9. Contributions required of Public Agency and its employees shall be
subject to adjustment by Bosrd on account of am~ments to the Public
E~loyees' Retirement Law, and on account of the' e:per1ence unaer the
Retirement System as determined hy the periodic ~vestigation and
valuation required by said Retirement Law. .
10. Contributions required of Public Agency and its employees shall be
paid by Public Agency to the Retirement System w~hin thiriy dayssftertheendoftheperiodtowhichsaidcontrirautionsreferor as
ay be prescribed by Board regulation. If more ar less than the
correct amount of contributions is paid for any ~riod, proper
adjustment shall be made in connection vith subs~uent remitt~ces, or
adjustments on account of errors in contributions required of any
employee ~y be made by direct cash payments be~en the eEployee and
the Board. Payments by Public Agency to Board me:!f be made in ;;:be form
of warrants, bank checks, bank drafts, certified ~hecks. money orders
or cash.
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B. This amendment shall be attached to said contract and Ehall be effective on
the day of . 19_.
Witness our handa the day of . 19_.
BOAR~ OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMBr1T SYSTEM OF THE
CITY OF ORANGS
Approved as to form;Attest:
BY .~
presi~ ~icer
f>.
Q
BY
Carl J. Blechinger, Executive Officer
Z4J.i g/'It'f2-
Legal Office, Date Clerk
PERS CON-
702
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