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HomeMy WebLinkAboutOrdinance No. 135 ORDINANCE NO. 135 PROVIDING ADDITIONAL SERVICE CREDIT TO ELIGIBLE DISTRICT EMPLOYEES WHO RETIRE EARLY AN ORDINANCE OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICTS NO. 1 OF ORANGE COUNTY, CALIFORNIA, PROVIDING FOR AN EARLY RETIREMENT INCENTIVE PROGRAM BY GRANTING ADDITIONAL SERVICE CREDIT TO ELIGIBLE DISTRICT EMPLOYEES AS AUTHORIZED BY THE COUNTY EMPLOYEES RETIREMENT LAW OF 1937, GOVERNMENT CODE SECTION 31641.04 WHEREAS, the Board of Directors of County Sanitation Districts Nos. 1, 2, 3, 5, 6, 7, 11, 13 and 14 of Orange County, California have previously adopted Resolutions and Ordinances approving early retirement incentive programs for all eligible District employees as authorized by Government Code Section 31641.04; and WHEREAS, previously adopted incentive programs were, as provided by law, for a fixed period of time, each of which has now expired; and WHEREAS, Districts' management has reported to the Boards the desirability of implementing a further early retirement incentive program due to the implementation of changes in the manner of performing Districts services and the savings of money and other economic benefits that will flow to the Districts by the retirement of eligible employees; 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, 2M.Sm suu 1 -1- 13 and 14, 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, 11, 13 and 14 have determined that changes in the manner of performing District services and the total cost savings of having higher compensated employees retire early will exceed the total actuarial costs of the additional service credit granted to those who retire under this program. NOW, THEREFORE, the Board of Directors of County Sanitation District No. 1 of Orange County, California, does hereby ORDAIN: Section r 1: Government Code Section 31641.04 as a component provision of the County Employees Retirement Law of 1937 is hereby adopted and deemed applicable to all regular full time employees by the Board of Directors upon the adoption of this Ordinance. Section : All regular full time employees of the County Sanitation Districts of Orange County, California who are eligible to participate as members and retire under the Orange County Employees Retirement System, shall be 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 February 1, 1998 through and including March 3$,'1998. Section 3: The General Manager of the Districts, or his designee, is authorized to execute any and all contracts or other documents and to transfer all required funds to 2m4w 57424 1 -2- the Orange County Employees Retirement System, in order to implement the authorized actions provided for herein. Section 4: The total cost savings resulting from the retirement of employees in positions which are subsequently filled at a lower level or when the position is held vacant for a period of time, shall exceed the total actuarial cost of the additional service credit granted to those employees who retire together with the related paid leave payoff costs. Section 5: Districts shall pay to the Orange County Employees Retirement System the actuarially determined cost of this early retirement incentive Program over a period rat 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 This Ordinance is enacted as an urgency measure to take effect immediately in order to preserve and enhance the public welfare in that the Districts have not fully recovered from all losses suffered in the bankruptcy of the County of Orange in 1995 and the savings of money through reduced employee compensation will partially offset losses suffered and incurred directly by the Districts and whose full recovery is otherwise unknown at this time. Section 7: This Ordinance shall take effect immediately upon adoption. Section 8: 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 required by law. T -Sw 574241 -3- PASSED AND ADOPTED by the Board of Directors of County Sanitation District No. 1 at a regular meeting held January 28, 1998. �0. � �a♦w�n Patricia McGuigan Chair, Board of Directors, County Sanitation District No. 1 of Orange County, California A;7( :,, A �' Penny Kyle Secretary o t e o rd of Directors County Sanitation District No. 1 of Orange County, California zan-aaa 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. 135 was passed and adopted at a regular meeting of said Board on the 28th day of January, 1998, by the following vote, to wit: AYES: Pat McGuigan, Chair; James M. Ferryman; Mark A. Murphy; Thomas R. Saltarelli; Todd Spitzer NOES: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of January, 1998. Penny Kyle Secretary oft Boa f Directors of County Sanitation District No. 1 of Orange County, California \\R MNO TAI%WP.MAADMINWS RDMNCES\l9 l3SCERTIFICATION.D