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HomeMy WebLinkAboutOrdinance No. 131 ORDINANCE NO. 131 PROVIDING ADDITIONAL SERVICE CREDIT TO ELIGIBLE DISTRICTS' EMPLOYEES WHO RETIRE EARLY AN URGENCY ORDINANCE OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 1 OF ORANGE COUNTY, CALIFORNIA, PROVIDING FOR AN EARLY RETIREMENT INCENTIVE PROGRAM BY GRANTING ADDITIONAL SERVICE CREDIT TO ELIGIBLE DISTRICTS' EMPLOYEES AS AUTHORIZED BY THE COUNTY EMPLOYEES RETIREMENT LAW OF 1937, GOVERNMENT CODE SECTION 31641.04 WHEREAS, the Boards of Directors of County Sanitation Districts Nos. 1, 2, 3, 5, 6, 7, 11, 13 and 14 of Orange County, California adopted Joint Resolution No. 95-19 and Joint Resolution No. 95-53, approving an Early Retirement Incentive Program for all eligible Districts' employees, as authorized by California Government Code Section 31641.04; and, WHEREAS, pursuant to the provisions of the Joint Ownership, Operation and Construction Agreement by and among County Sanitation Districts Nos. 1, 2, 3, 5, 6, 7, 11, 13 and 14 of Orange County, California, District No. 1 is the appointed authorized agent to act for every other District; and, WHEREAS, the Board of Directors of County Sanitation District No. 1, acting as agent for County Sanitation Districts Nos. 2, 3, 5, 6, 7, 1, 13 and 14 of Orange County, California, adopted Ordinance No. 128 on December 13, 1995, incorporating all of the same provisions as in Joint Resolutions Nos. 95-19 and 9553; and, WHEREAS, the Boards of Directors of County Sanitation Districts Nos. 1, 2, 3, 5, 6, 7, 11, 13 and 14 of Orange County, California determine that a change in the manner of performing service, or the total cost savings of having higher compensated employees retire and lower compensated employees hired to replace the retirees is expected to exceed the total actuarial cost of the additional service credit granted to those who retire under this program by affording additional service credit is in the best interests of the Districts. NOW, THEREFORE, the Board of Directors of County Sanitation District No. 1 of Orange County, California, does hereby ORDAIN: Section 1: Pursuant to the authority set forth in California Government Code Section 31641.04, all regular employees of the County Sanitation Districts of Orange County, California, who participate as members and retire under the Orange County Employees Retirement System are granted two (2) additional years of service credit for retirement benefit purposes; provided, they retire from regular employment of the Districts during the period of July 24, 1996 through and including July 30, 1996. Section 2: The General Manager of the Districts is authorized to execute any and all contracts or other documents and to transfer all required funds in order to implement the authorized actions provided for herein. Section 3: For a period of five years, or until such time as the full actuarially- determined cost is paid to OCERS, the Districts' Controller will conduct an annual post- audit to verify that the savings exceed the actuarial and related costs attributable to the additional service credit, and report the findings of that audit to the Finance, 2000A0019 31930j 2 Administration and Human Resources Committee. The first report will be presented during the fourth quarter of Fiscal Year 1996-97. Section 4: Districts shall pay the actuarially determined cost of this early retirement incentive program over a period not to exceed five (5) years and on such other terms and conditions as shall be set forth in a mutually agreed upon written contract between the Districts and the Board of Retirement of the Orange County Employees Retirement System. Section 5: This Ordinance is enacted as an Urgency Ordinance in order to allow for the processing of additional service credit to those eligible Districts' employees retiring subsequent to March 30, 1996, who were not eligible for the previous retirement incentive. Section 6: The Secretary of the Board shall certify to the adoption of this Ordinance and shall cause a summary to be published in a newspaper of general circulation as the District is required by law. PASSED AND ADOPTED by the Board of Directors of County Sanitation District No. 1 at a regular meeting held July 24, 1996. Chairman, Board of Directft County Sanitation District No. 1 of Orange County, California ATf :,Iew� Secretary of Bo�n d of Directors County San tior strict No. 1 of Orange County, California z9C0.CW19 31939_1 3 STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) I, PENNY KYLE, Secretary of the Board of Directors of County Sanitation District No. 1 of Orange County, California, do hereby certify that the above and foregoing Ordinance No. 131 was passed and adopted at a regular meeting of said Board on the 24th day of July, 1996, by the following vote, to wit: AYES: Pat McGuigan, Chair, James M. Ferryman, Thomas R. Saltarelli, Roger R. Stanton NOES: None ABSTENTIONS: None ABSENT: Mark A. Murphy IN WITNESS WHEREOF, I have hereunto set my hand this 24th day of July, 1996. i Penny Kyle Secretary of Bo of Directors of County Sanitation District No. 1 of Orange County, California JAWPDOGW D19 N.131