ORD-35-85 AMENDMENT TO CONTRACT BETWEEN BOARD OF ADMIN AND PUBLIC EMPLOYEES RETIREMENT SYSTEM TWO YEARS SERVICE CREDITORDINANCE NO. 35-
85 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AUTHORIZING AN
AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF
AD-MINISTRATION OF THE PUBLIC
EMPLOYEES'RETIREMENT SYSTEM AND THE CITY
COUNCIL OF THE CITY OF ORANGE BY ADDING
GOVERN-MENT CODE SECTION 20818 (TWO
YEARS ADDITIONAL SERVICE CREDIT) FOR
LOCAL SAFETY
MEMBERS.WHEREAS, the City Council has heretofore
approved Resolution No. 6403 expressing their intention to approve
an amendment to the contract between the Board of
Administra-tion of Public Employees' Retirement System and the
City Council of the City of Orange providing for Government
Code Section 20818 (two years additional service credit)
for safety members;
and WHEREAS, the aforementioned Resolution 6403
conformed to the procedures and policies of the Public Employees'
Re-tirement law set forth in the California Government
Code;
and WHEREAS, there is presently employed in the
local safety membership of the City employees, a person
employed as Special Assistant to the City Manager for Law
Enforcement who has expressed an intention to retire subsequent to
the effective date of the contract amendment;
and WHEREAS, the City Council hereby elects to exercise
the provisions of Section 20818 of the Government Code of
the State of California to discontinue the
aforementioned position of Special Assistant to the City Manager for
Law Enforcement, and the City Council hereby expresses
its intention that this position shall remain
permanently unfilled and constitute an overall reduction in the
person therefore occupying this Department designation within
the Office of the City Manager;
and WHEREAS, the City Council hereby certifies that it
is choosing to exercise the provisions of Section 20818 of
the Government Code because of its decision to eliminate
the position of Special Assistant to the City Manager for
Law Enforcement which is a position which constitutes at
least one percent of the City Manager organizational unit
as designated by the City Council resulting from the
decision of the City Council to curtail the aforementioned
position of Special Assistant to the City Manager for Law
Enforcement and hereby change the manner in which the City will
perform the law enforcement function in relation to the City Manager'
s position;
WHEREAS, the City Council hereby indicates its inten-
tion to transmit to the retirement fund the amount specified
in Section 20818 of the Government Code and in a manner
acceptable to the Public Employees' Retirement Board and the
City Council of the City of Orange; and
WHEREAS, in accordance with the provisions of Resolu-
tion No. 6403, the City Council hereby approves 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 retroactive to March 31, 1985, a copy of
said amendment is attached hereto as Exhibit "A" and by this
reference is made a part hereof.
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 Administra-
tion 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 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 Ordi-
nance 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.
ATTEST:
ADOPTED this ?O rh 1985.
Ord. 35-
85 2 -
STATE OF CALIFORNIA )COUNTY OF ORANGE ) ssCITY OFORANGE )
I, MARILYN J.
JENSEN, City Clerk of
the City of
Orange,California, do hereby certify that the foregoing ordinance was introducedattheregularmeetingoftheCityCouncil held
on the 13 th day of August , 1985, and thereafter at
a regular meeting of said City Council duly held
on the 20 th day of August , 1985, 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 ABSTAIN:COUNCILMEN: NONE JJuA.
I~ ) ~~/Ci ty
Clerk ~he it&'
of Orange 3 -
Ord. 35-
85
AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF ORANGE
The Board of Administration, Public Employees' Retirement System, hereinafter
referred to as Board, and the governing body of above public agency, herein-
after referred to as Public Agency, having entered into a contract effective
July 1, 1958, and witnessed May 13, 1958, and as amended effective October 1,
1966, October 7, 1971, January 16, 1977, August 26, 1979, April 1, 1982 and
July 24, 1983, which provides for participation of Public Agency in said
System, Board and Public Agency hereby agree as follows:
A.Paragraphs 1 through 11 are hereby stricken from said contr~t as executed
effective July 24, 1983, and hereby replaced by the fOll~ paragraphs
numbered 1 through 11 inclusive: ~
D
1. All words and terms used herein which are de~~ in the Public
Employees' Retirement Law shall have the ~ing as defined therein
unless otherwise specifically provi~~~ormal retirement age"
shall mean age 60 for local miscella s members and age 55 for local
safety members. ()
s
2. Public Agency shall particiP~~n the Public Employees' Retirement
System from and after JUlYlil~l";958 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 those, which by express
provisions thereof, apply only on the election of a contracting agency.
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 Fire Fighters (herein referred to as local safety members);
b. Local Police Officers (herein referred to as local safety
members) ;
c. Employees other than local safety members (herein referred to as
local miscellaneous members).
EXHIBIT A
4. In addition to the classes of employees excluded from membership by
said Retirement Law, 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 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 said section (21 @ 60 Full and
Modified).
The fraction of final compensation to be provide~~ each year of
credited prior and current service as a local fe~ty member shall be
determined in accordance with Section 2125~~~'t said Retirement Law
One-half pay at age 55
Full). ~~'The following additional provisions .~~e Public Employees'
Retire-ment Law, which apply only upon ~~~~n of a contracting
agency,shall apply to the Public Agen()~d its
employees:a. Sections 21263, 21263~d 21263.3 (Post-
Retirement
Survivor Allowance). ~~~b. Sections 21380-21387 (1959 Survivors
Program) including Section 21382.2 (Increased
1959
Survivors
Benefits).6.7.c. Section 20024.2 (
One-Year Final Compensation).d. Section 20818 (Two-Years
Additional Service Credit), as defined in
Chapter 327, Statutes of 1982.8. Public Agency, in accordance
with Section 20740, Government Code,ceased to be an "employer" for purposes of
Section 20759 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 Board as provided
in Section 20759, Government Code.9. Public Agency shall contribute to
said Retirement System as follows:a. With respect to local
miscellaneous members, the agency shall contribute the following
percentages of monthly salaries earned as local miscellaneous
members of said Retirement System:1) 0.451 percent until June 30, 2000
on account of the lia-bility for prior
service
benefits. (Subject
2)12.899 percent until June 30, 2000 on
bility for current service benefits.
change. )
account of the lia-
Subject to annual
b. With respect to local safety members, the agency shall contribute
the following percentages of monthly salaries earned as local
safety members of said Retirement System:
1) 0.216 percent until June 30, 2001 on account of the lia-
bility for prior service benefits. (Subject to annual
change. )
d.
2) 17.774 percent until June 30, 2000 on accoun~\of the lia-
bility for current service benefits. (su~~t to annual
change.) ~ a
A reasonable amount, as fixed by the ~~~ payable in one in-
stallment within 60 days of date o~~ntract to cover the costs
of administering said sYstem~~'affects the employees of
Public Agency, not includin costs of special valuations or
of the periodic investig~ and valuations required by law.
S~ .
A reasonable amoun~~ fixed by the Board, payable in one in-
stallment as the o~asions 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 law.
c.
10. 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.
11. 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 cor-
rect amount of contributions is paid for any period, proper adjustment
shall be made in connection with subsequent remittances. Adjustments
on account of errors in contributions required of any employee may be
made by direct payments between the employee and the Board.
EXHIBIT A
B. This amendment shall be effective on the 31st day of March, 1985.
Witness our hands the day of 19_.
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
CITY COUNCIL
OF THE
CITY OF ORANGE
Approved as to form:Attest:
BY '1"...c
preSidi~fficer
O~^
Clerk
BY
SIDNEY C. McCAUSLAND,
EXECUTIVE OFFICER
Legal Office,Date
PERS CON-
702 EXHIBIT