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HomeMy WebLinkAboutOCSD-07 ORDINANCE NO. OCSD-07 AN ORDINANCE OF THE BOARD OF DIRECTORS OF ORANGE COUNTY SANITATION DISTRICT REGARDING FULFILLMENT OF OBLIGATIONS UNDER PREDECESSOR DISTRICTS' EARLY RETIREMENT INCENTIVE PROGRAMS GRANTING ADDITIONAL SERVICE CREDITS TO ELIGIBLE PREDECESSOR DISTRICTS' EMPLOYEES AS AUTHORIZED BY THE COUNTY EMPLOYEES RETIREMENT LAW OF 1937, GOVERNMENT CODE SECTION 31641.04 WHEREAS, former County Sanitation Districts Nos. 1, 2, 3, 5, 6, 7, 11, 13 and 14 of Orange County, California (the "Predecessor Districts'), were nine individual county sanitation districts organized pursuant to the County Sanitation District Act (California Health&Safety Code Sections 4700 at seq.). By action of the Boards of Directors of the Predecessor Districts, pursuant to specific legislation enacted by the California State Legislature in 1996, an application was submitted to the Orange County Local Agency Formation Commission to legally consolidate the nine Predecessor Districts into one single sanitation district for all purposes. The application was approved, with an effective date of July 1, 1998. As of July 1, 1998, the Predecessor Districts cease to exist, and one single consolidated county sanitation district, known as the "Orange County Sanitation District' (the "District"), comes into existence in place of the Predecessor Districts. The District is formed to carry on the functions, and by operation of law, succeeds to all of the rights, title and obligations of the Predecessor Districts; and, WHEREAS, the Boards of Directors of the Predecessor Districts previously adopted Resolutions and Ordinances approving Early Retirement Incentive Programs for all eligible Predecessor Districts' employees, as authorized by Government Code Section 31641.04; and, WHEREAS, under Predecessor Districts' Ordinances Nos. 126, 128, 131, 132 and 135, certain Predecessor Districts' employees retiring within the respective time periods specified therein were granted two (2) additional years of service credit for retirement benefit purposes, and each respective Ordinance authorized the General Manager of the Predecessor Districts to execute any and all contracts or other documents and to transfer all required funds in order to implement the actions provided for under the respective Ordinance; and , z"sa e 13z WHEREAS, the intent under Predecessor Districts' Ordinances Nos. 126, 128, 131, 132 and 135 was for the total cost savings, of having higher compensated employees retire and lower compensated employees hired to replace the retirees, to exceed the total actuarial cost of the additional service credits granted to those who retired under the respective Early Retirement Incentive Programs; and, WHEREAS, the Board of Directors of the District has determined that the District, as successor-in-interest to the Predecessor Districts, is obligated to fulfill the obligations of the Predecessor Districts with respect to the Early Retirement Incentive Programs established under Predecessor Districts' Ordinances Nos. 126, 128, 131, 132 and 135. NOW, THEREFORE, the Board of Directors of Orange County Sanitation District does hereby ORDAIN: Section 1: All of the terms and conditions of Predecessor Districts' Ordinances Nos. 126, 128, 131, 132 and 135 are hereby approved and incorporated herein by reference. Section 2: The General Manager of the District, or his designee, is authorized to execute any and all contracts or other documents and to transfer all required funds to the Orange County Employees Retirement System, in order to implement the authorized actions provided for under Predecessor Districts' Ordinances Nos. 126, 128, 131, 132 and 135. Section 3: This Ordinance is enacted as an urgency measure to take effect immediately in order to fulfill the ongoing obligations of the Predecessor Districts, which by operation of law are now the District with all legal rights and obligations being immediately transferred from the Predecessor Districts to the District, and to maintain the retirement benefits previously accrued by retirees of the Predecessor Districts who retired in reliance upon the early retirement incentive programs established under Predecessor Districts' Ordinances Nos. 126, 128, 131, 132 and 135. Section 4: This Ordinance shall take effect immediately upon adoption. Section 5: 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. a wo a 13 2 -2- PASSED AND ADOPTED by the affirmative vote of greater than twothirds of the Board of Directors of the Orange County Sanitation District at a special meeting held July 1, 1998. Chair, Board of Directors Orange County Sanitation District ATTES : Secretary of ie Boar of Directors ou n Orang C y Sanit ion District "✓ eret � /Thomas L. Woodruff, General Counsel STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) I, PENNY KYLE, Secretary of the Board of Directors of Orange County Sanitation, do hereby certify that the above and foregoing Ordinance No. OCSD-07 was passed and adopted at a special meeting of said Board on the 1 at day of July, 1998, by the following vote, to wit: AYES: Burnie Dunlap, Chair; George Brown; John Collins; Jan Debay; Barry Denes; Harry Dotson; James M. Ferryman; Mark Leyes; Patsy Marshall; Pat McGuigan; Darryl Miller; Eva Miner-Bradford; Mark A. Murphy; Margie Rice; Thomas R. Saltarelli; Christina Shea; William G. Steiner, Dave Sullivan; Charles E. Sylvia NOES: None ABSENT: Steve Anderson; Don Bankhead; Norman Z. Eckenrode, John M. Gullixson; Anna L. Piercy; Bob Zemel IN WITNESS WHEREOF, I have hereunto set my hand this 1st day of July, 1998. Penny M. le Secretary of the Bo d of Directors of Orange County Sanitation District H1WP.DTA�MINMS RDINMCEStl998`AC.A .CERTIFICATlD .A