ORD-18-83 AMENDS CONTRACT BETWEEN PUBLIC EMPLOYEE RETIREMENT BY ADDING INCREASED SURVIVOR BENEFITSI
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ORDINANCE
NO. 18-83
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AUTHORIZING AN AMENDMENT
TO THE CONTRACT BETWEEN THE BOARD OF
ADMINISTRATION OF THE PUBLIC EMPLOYEES'
RETIREMENT SYSTEM AND THE CITY COUNCIL
OF THE CITY OF ORANGE BY ADDING GOVERN-
MENT CODE SECTION 21382.2 (INCREASED
SURVIVOR BENEFITS) AND GOVERNMENT CODE
SECTION 20818 (TWO YEARS ADDITIONAL
SERVICE CREDIT) BOTH FOR LOCAL MISCEL-
LANEOUS MEMBERS.
WHEREAS, the City of Orange has granted in their labor agree-
ments the additional benefits of Government Code Section 21382,
and
WHEREAS, said provlosloon provides increased benefits to depend-
ents of employees whose death occurs during City service, and
WHEREAS, Government Code Section 20818 provides for an addi-
tional two years service credit for certain designated classifi-
cations, and
WHEREAS, the City of Orange is experiencing budgetary
constraints.
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;
A summary of this Ordinance shall be published and a certified
copy of the full text of this Ordinance shall be posted in the Office
of the City Clerk at least five (5) days prior to the City Council
meeting at which this Ordinance is to be adopted. A summary of this
Ordinance shall also be published once within fifteen (15) days after
this Ordinance's passage in the Orange City News, a newspaper of
general circulation, published and circulated in the City of Orange.
The City Clerk shall post in the Office of the City Clerk a certified
copy of the full text of such adopted Ordinance along with the names
of those City Council members voting for and against the Ordinance
in accordance with Government Code Section 36933. This Ordinance
shall take effect thirty (30) days from and after the date of its
final passage.
ADOPTED this 12th day of
ATTEST:
Ci~tkcr~ge
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
introduced at the regular meeting of the City Council held on
the 21st day of June , 1983, and thereafter at a regular
meeting of said City Council duly"held on the 12th day of
July , 19 83. was duly passed and adopted by the following
vote, to wit: --
AYES:
COUNCILMEN: SMITH, BARRERA, MAYOR BEAM, PEREZ, BEYER NOES:
COUNCILMEN: NONE ABSENT:
COUNCILMEN: NONE WITNESS
my hand and seal this 14th day of Jul V 19
81 Marilyn
J. nsen City
Clerk of the jl~
Cit./'
of Orange Ord.
No. 18-23 2-
PLEASE DO NOT SIGN '"'EXHmIT ONLY"
AMENDMENT TO CONTRACT BETWEEN __.J!l
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF ORANGE
The Board of Administration, Public Employees' Retirement System, herein-
after referred to as Board, and the governing body of above public agency,
hereinafter referred to as Public Agency, having entered into a contract under
date of May 13. 1958, effective July 1, 1958, and as amended effective October
1,1966, October 8,1971, January 16,1977, August 26,1979, April 1, 1982,
which provides for participation of Public Agency in said System, Board and
Public Agency hereby agree as follows:
A. Paragraphs 1 through 10 are hereby stricken from said contract as executed
effective April 1, 1982, and hereby replaced by the following paragraphs
numbered 1 through 10 inclusive:
1. All words and terms used herein which are defined in the Puhlic
Employees' Retirement Law shall have the meaning as defined therein
unless otherwise specifically provided. "Normal retirement age" shall
mean age 60 for local miscellaneous and age 55 for local safety
members.
2. Public Agency shall participate in the Public Employees' Retirement
System from and after,July 1, 1958 making its employees as hereinafter
provided, members of said System 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 for herein and to all
amendments to said Law hereafter enacted except such as by express
provisions thereof apply only on the election of contracting agencies.
3. Employees of Public Agency in the following classes shall become
members of said Retirement System except such in each such class as
are excluded by law or this agreement:
a. Local Firemen (herein referred to as local safe~ members);
b. Local Policemen (herein referred to as local safe~ members);
c. Employees other than local safe~ members (herein referred to as
local miscellaneous members).
In addition .0 .he classes of employees excluded from membership by
said Retirement Law, the following classes of employees shall not
become members of said Retirement System:
BO ADDITIONAL EXCLUSIONS
EXHIBIT A j
j ..co,_
PLEASE DO ~0T SIGN "EXHIBIT ONLY"
4.The fraction of final compensation to be prov~ded for each year of
credited prior and current aervice as a local miscellaneous member
shall be that provided in Section 21251.13 of said Retirement Law with
all service prior to Social Security termination September 30, 1971,
subject to the reduction provided by aaid section.
5.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 21252.1 of said Retirement Law
One-half pay at age
55). '6. The following additional provisions of the Public
Employees'Retirem~nt Law which 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. Section 21380-21387, (1959 Survivors Program),
excluding Section 21382.2 (Increased 1959 Survivors benefits), for
local miscel-laneous
members only.c. Section 21}80-21387; including Section 21382.
2 (1959 Survivors Program with increased benefits), for local
safe~ members only.d. Sections 21263/21263.1 (
Post-retirement survivor allowance).e. Section 20024.
2 (One-year final compensation).f. Sections 20818 (Additional
service credit), Statutes of 1982.7. Public Agency, in accordance
with Section 20740, Government Code,ceased to be an WemployerW,for purposes of
Chapter 6 of the Public Employees' Retirement Law effective
on January 16, 1977. Accumulated contributions of Public Agency as of
the aforementioned date shall be fixed and determined as provided
in Section 20759, Government Code,and accumulated contributions as
of the aforementioned date and contributions thereafter made shall be held
by the 30ard as provided in
Section 20759, Government (}ode.' ~-8. Public AgencY,shall contribute to said
Retirement System as follows:a. With respect to miscellaneous
members, the agency shall contribute the following percentages
of monthly salaries earned as miscellaneous members
of said Retirement System:1) 0.510 percent until June 30, 2000
on account of the liability
for prior service benefits.2) 12.446 percent'on account of
the liability
for current service benefits.3) 0.039 percent on account of the liabili
t)' for the
1959
Surri
vorProgr8lll.l I o..:_':-~'~1-......_.....~'$...J"M;~ ...Lt>..7.~~.:'""---"'~~~', ~
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LtASE DO I ,T SIGN "EXHIBIT ONLY"b.
With r ect to local safety members,' agency shall contribute the
fo._~ving percentages of monthly sa.dries earned as local safety
members of said Retirement System:1)
0.236 percent u~til June 30, 2001 on account of the liability
for prior service benefits.2)
16.595 percent on account of the liability for current service
benefits.c.
A reasonable amount per annum, as fixed by the Boerd ~o cover the costs
of administering said 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.d.
A reasonable amount as fixed by the Board, payable in one installment
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 lav.9.
Contributions required of Public Agency and its employees shall be subject
to adjustment by Board on account of amendments to the Public Employees'
Retirement Law, and on account of the experience under the Retirement
System as determined by the periodic investigation 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 within thirty days after
the end of the period to which said contributions refer or as may
be prescribed by Board regulation. If more or less than the correct
amount of contributions is paid for any period, proper adjustment
shall be made in connection with subsequent remittances, or adjustments
on account of errors in contributions required of any employee
may be made by direct cash payments between the employee and the
Board. P~ments by Public Agency to Board may be made in the form of
warrants, bank checks, bank drafts, certified checks, money orders or
cash.I
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B. This amendment shall be attached to said contract and small be effective on
the day of . 19_.
Witness our hands the dsy of . 19_.
BOAHD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMBNT SYSTEM OF THE
CITY OF ORANGE:
o4J.i g/</t ';2-
BY ;~
pre8i~ O~icer
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Attest: ,~
Clerk ~
PERS CON-
702 ~~
BY Carl J. Blechinger, Executive
Officer Approved as to
form:
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