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 ,
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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.
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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
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