HomeMy WebLinkAboutResolution 1976 - 01811 RESOLUTION NO.76-181
2 TERMINATING CONTRACT WITH PUBLIC EMPLOYEES’RE
TIREMENT SYSTEM
3
A JOINT RESOLUTION OF THE BOARD OF DIRECTORS OF
4 COUNTY SANITATION DISTRICTS NOS.1,2,3,5,6,
7,and 11 OF ORANGE COUNTY,CALIFORNIA,APPROVING
5 AN AGREEMENT BETWEEN SAID DISTRICTS,THE COUNTY
OF ORANGE,ORANGE COUNTY EMPLOYEES’RETIREMENT
6 SYSTEM AND PUBLIC EMPLOYEES’RETIREMENT SYSTEM
PROVIDING FOR THE TERMINATION OF THE DISTRICTS’
7 CONTRACT WITH THE PUBLIC EMPLOYEES’RETIREMENT
SYSTEM
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9 WHEREAS,the Districts have entered into a contract on.
10 October 1,1954,pursuant to the provisions of the Public Em—
11 ployees’Retirement Law,whereby all employees of the District
12 were made members of the Public Employees’Retirement System;
3,3 and
3.4 WHEREAS,the County of Orange has established a County
3.5 Employees’Retirement System,pursuant to the provisions of the
16 County Employees’Retirement System Law of 1973;and
1’?WHEREAS,pursuant to the provisions of California Govern—
18 ment Code Section 20569,the Districts are entitled to terminate
19 an existing contract with the Public Employees’Retirement System
20 and transfer its employees’membership to a County Employe,es’
21 system,subject to approval of an agreement by the Sanitation
22 Districts’Board of Directors,the County Board of Supervisors,
23 and the Board of Administration of Public Employees’Retirement
24 System;and
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25 WHEREAS,the Directors have determined that it would be in
26 the best interests of the Districts,and its employees to
27 terminate the existing contract with Public Employees’Retirement
28 System and transfer all members into the Orange County Employees’
29 Retirement System;and
30 .WHEREAS,an agreement has been submitted to the Districts,
31 providing for the termination and transfer of its membership,
32 which ‘agreement provides for all assets and liabilities of the
3.Districts and its member employees be transferred from the public
2 Employees’Retirement System to the County Employees’Retirement
3 System,and insuring that the Districts’employees will receive
4 all of the benefits afforded to other members of the Orange
5 County Employees’Retirement System.
6 NOW,THEREFORE,the Boards of Directors of County Sanita
7 tion Districts Nos.1,2,3,5,6,7,and 11 of Orange County,
8 California
9 DO HEREBY RESOLVE,DETERMINE AND ORDER:
10 Section 1 That certain agreement,attached hereto as
13.Exhibit “A”,between County Sanitation Districts,the County
12 of Orange,the Orange County Employees’Retirement System and
13 the Public Employees’Retirement System,is hereby approved.
14 Section 2 That the General Manager is hereby authorized
15 and directed to execute said agreement on behalf of the Districts
16 in the form a~proved by the General Counsel.
17 PASSED and ADOPTED at a regular meeting held this 13th
18 clay of October
,
1976.
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~GREEMEN’J.’io:~‘~R~l tN1~TION OF c ~1ThCT 1~ET~~EN TME ~oAr:1)
OF DIRECT31~S Oi~’CC’UNTV Si~NITATICN DIsTi~Ic’r NO.1 0~’
2 ORANGI Couu’rY
,
CALl Fli.’~N 1\A~L~TIlE 13OAP~)OF AD~1IN I :;1’~AT:L~~::
o:~T1Ii~P~”~LIC E ll’iOIUFS’R~T IRE,N~NT SY~T}~’i AN~)
CF supEnv1.scR~OF’~i~±COIJN1’Y OF ON~E AN])TO PS(Th’j
FURTItF R FOR TFE INCLUS ION OF T]IF ~MPLOYF~S OF Tft CO~JN’
4 S~NIThTICN DI~T!~ICTS 0?Ol~LNCE OTJN’Y,CALIFOr~Nr1t TN ‘I
OR~\NGE CC!..tlf~(L1~LOVi~S ‘Rfl’I’IRENENT SYSTE!•1
5.’
If/i
6 THIS AGREEMENT is made and entered into this /~t~~1~y
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1076.by and between COUNTY ~ANITAT:çN
8 DISTRICT NO.1 OF ORANGE COUNTY,CAL~FORNIA,acting ~or ~
9 and.as agent for County Sanitation District.s Nos.2,3,5,(,
10 7,and 11 of Orange County,California.hereinafter referred
11 to as “DISTRICT”,and the COUNTY OF ORANGE,a general law
12 county,hereinafter referred to as “COUNTY”,and t~PUBLIC
I EMPLOYEES’RETIREMENT SYSTEM,hereinafter referred to as
14 “SYSTEM”.
15~wssj~ji~
~the Board.of Directors of the Count’i Sanitation
17 District No.1 of Orange County,Ca1iforn~.a,and the ~oard o~
18 Administration,Public Employees’Retiremc~t Systei~,~nterad
.19 ~1 into a contract pursuant to Sections 20450 —20532,Government.
20 Code for the participation of employees of the District as local
21 miscellaneous members of the Public Employees’Retirei~ent
22 System,effective October L 1954;and
23 W}~REAS,Section 20552 of the Government Code provides
~that ~he governing body of a contracting agency in the ~th1ic
25 Employees’Rctirement SystGm,and the Board of Supervisors of
2~a county n’aintaining a retir~rnent system under the County
Employees’Batir~r~~ent Law of 1937,may enter into an agrcer~ent
with the Board of Administration of Sy~teir fcr ten~i~~at ion of
the contract with Sy~te~,and inc1~sion 0±the lC~i r~i.~—
ee1).aneou~i~hers in the County’s retir ent sy~t~::tt~~n:1
W}iEREA~,the ~o~r~I r~t D~.zactors of Dj..~t.ri~.t ~nv~~
t.liau.it is in the h~s~i.rt~te~:s of th~Dic~rict ~i~
1 employees to terminate the existing contract with the System
2 and to provide for its employees membership in the County’s
3 system;and
4 WHEREAS,the Board of Directors of the County Sanitation
5 District No.1 Oi~Orange County,California,acting for itself
6 and County Sanitation Distr.icts Nos.2,3,5,6,7,and ir;
7 the Board of Administration,public Employees’Retirement
8 System;and the Board of Supervisors of Orange County,desire
9 to enter into an agreement in conformity with Section 20569
10 of the Government Code.
1].NOW,THEREFORE,the Board of Directors of the County
12 Sanitation District No.1 of Orange County,California,acting
13 for itself and County Sanitation Districts Nos.‘2,3,5,6~,7,
14 and ii;the Board of Supervisors,County of Orange;and the
15 Board of Administration,Public Employees’Retirement System,
16 agree as follows:
1?1..The contract entered into by and between the District
18 and System on October 1,1954,pursuant to Sections 20450 —
19 20532,Government Code,and amended effective July 1,1960,
20 July 1,1961,February 1.1965,July 1,1973,July 1,1974,.
21 and May 21,1976,is terminated effective December 2,1976.
22 2.Payments of allowances to persons retired,or to
23 beneficiaries of deceased members or of retired persons,.under
24 the System,based on service as a local miscellaneous member
25’employed by the County Sanitation Districts of Orange County,
26 California,shall be made by the System through December 2,
27 197E.Payment of any basic death benefit,or lump-sum death
28 benefit,because of the death of a local miscellaneous member
29 or of a retired person on or before December 2,1976,shall be
30 made by the System.
31 3.The System shall have no liability for payment of any
32 allowance to or with respect to a retired person or beneficiaries
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for time on and after December 3,1976,or for any payment
2 any benefit because of death of a local miscellaneous me!:L~r
3 on or after December 3,1976,and all such liahi).ity shall bc
4 assumed by the County.
5 4.The co~inty’s retirement system shall be liable fo~:;~].!
6 benefit payments for local miscellaneous members of the D~Lric~
7 on or after December 3,i9~€,as provided in Section 2O5G~,
8 California Government Code,subject to the terms and condit.i~n3
9 of the agreement between the System and the District dated
10 December 2,1976.
5.The System shall transmit to the Employees’Retirement
12 Fund in the County Treasury of the County of Orange,by warrant
~L3 of the State Controller,the amount determined as provided
3.4 herein representing the value of the interests in the Public
3.5 Employees’Retirement System of the District and employees
3.6 credited with accumulated contributions as local miscellaneous
17 members under the District’s contract with the System.
3.8 6.In order to determine the amount to he transmitted
3.9 pursuant to Paragraph 5,the following amounts shall be-
20 determined:
21 a)The amount of the accumulated contributions held in
22 active and retired member accounts as of December 2,1976,
23 derived from contributions required of a member by reason of
24 the District’s contract with the System.Said amounts shall be
25 computed in accordance with the provisions of Paragraph 7 below.
26 b)The amount of the accumulated contributions hz’ld in
27 the District’s accounts as of December 2,1976,derived from
28 contributions recuired of the District by reason of th~
29 District’s contract with the System.
30 7.The amount to be transmitted pursuant to Paragraph 5
31 shall be determined as follows:
32 The sum of 6(a)and 6(b)shall,be multiplied
by a quotient of which the dividend of the quot:icnt
2 shall be the sum of the total market value of .‘e
3 curities of the public Employees’Retirement System
4 as published in the annual report of the System for
5 Fiscal Year 1975-76,plus accrued income on invest—
6 ments,cash,member and employer contributions
7 receivable from employers,investment principal in
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course of collection,interest in course of collection,
9 less retirement oenefit claims in process of payment
10 and interest on investments paid in advance at June
1].30,1976.The divisor of the quotient shall be the
12 total of employer and employee contributions credited
under the System as of the same date.
2.4 8.The System shall transmit ninety (90%)percent of the
15 closing balance values in the accounts specified in Paragraph
16 6,as reflected in the System’s accounts posted as of the close
17 of business on June 30,1976,to the County of Orange Employees
18 Retirement System Fund in the Orange County Treasury,within
19 fifteen (15)days following the effective date of termination
20 of the contract entered into by and between the District and
21 the system or within fifteen (15)days following the date this
22 Agreement is executed on behalf of the System,whichever is
23 later.
24 9.The System shall transmit to the County of Orange
25 Employees’Retirement Fund in the Orange County Treasury,the
26 difference between the amount as determined in Paragraph 7,
27 and the amount transmitted as provided.in Paragraph 8.Said
e~8 amount shall be transmitted within thirty (30’days fol].owir.g
29 the final determination of the value of District and its
30 employees’interests as of the date of termination of
31 District’s contract with System.
32 10.System shall additionally pay to County a sum equal
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to six (6%)percent interest per annum on the balance pavabi.
pursuant to Paragraph 9 from December 3,1976,to the date ~1
payment.
11.This Agreement shall be effecti.ve on thc?thite fir:~
above written,notwithstanding the date of execution by the
respcctive parties.It i~the intent of the executing
parties that the agreement take effect ret.roacti.vely for the
benefit of all interested persons.This contract shall be
executed in triplicate.
DATED:January Z~,1977 BOARD OF ADMINISTRATION,PUThLIC
EMPLO TEE’RETIREMENT SYSTEM
BY~~5%~~
DATED:December 14,1976 BOARD OF DIRECTORS OF COUNTY
•SANITATION DISTRICT NO.1 OF
ORANGE COUNTY,CALIFO1U’~IA,for
itself ann as agent for County
Sanitaticn Districts ~os.2,3.5,
6,7,and 11 of Orange County,
California
‘13y
_____________________
By
A PP VED AS T FORM:
~HARLE I.GIBBS,STAFF COUNSEL
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API?~VED AS TO ORM:~af~4~41.
7 Thomas L.Woodruff /
/General Counsel
DATED~~L~i~i~7~
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BOARD OF SUPERVISOR~,COUNTY
OF ORANGE /1
By f~t~1~1 (~“~ATTEST:
•.Clerk
APPROVED ~TO FORM:
~cputy County Coun~e~!.
Ar~~.
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STATE OF CALIFORNIA)
)SS.
COUNTY OF ORANGE )
I,J.WAYNE SYLVESTER,Secretary of the Boards of Directors of
County Sanitation Districts Nos.1 and 6 of Orange County,California,
do hereby certify that the above and foregoing Resolution No.181
was regularly passed and adopted at an adjourned regular meeting of
said Boards on the 27th day of October,1976,by the following vote,
to wit:
AYES:
NOES:
District No.1 John Garthe (Chairman),James B.
Sharp,and Kerm Rima
District No.6 Kerm Rima (Chairman)and Paul
Ryckoff
None
ABSENT:Districts Nos.1 F~6 Director RaiphA.Diedrich
IN WITNESS
of October,1976.
WHEREOF,I have hereunto set my hand this 27th day
J/~Vayrne Syl~}~ë1’,Se~retary,
Boa~’rds ,61E Direltors,County
S itat/on Di~’tricts Nos.1 and 6
f Or~ge County,California
STATE OF CALIFORNIA)
)SS.
COUNTY OF ORANGE )
I,J.WAYNE SYLVESTER,Secretary of the Boards of Directors of
County Sanitation Districts Nos.2,3,5,7,and 11 of Orange
County,California,do hereby certified that the above and foregoing
Resolution No.76-181 was regularly passed and adopted at a
regular meeting of said Boards on the 13th day of October,1976,
by the following vote,to wit:
AYES:Pete Barrett,John Burton,Sam Cooper,Charles Sylvia,
Norman Culver,Milan Dostal,Vernon Evans,Donald Fox,
Henry Frese,John Garthe,Francis Glockner,Donald Holt,
Miriam Kaywood,Alice MacLain,Donald Mclnnis,Richard
Olson,Ron Pattinson,Bob Perry,Thomas Riley,Donald
Saltarelli,Laurence Schmit,George Scott,James Sharp,
Don Smith,Charles Stevens,Bernie Svalstad,Henry
Wedaa,Martha Weishaupt,Harriett Wieder,Donald Winn,
Frances Wood,and Robin Young
NOES:None
ABSENT:Thomas Blackman,Ralph Clark,Donald Holt,Stanley
Meyer,and Ron Shenkman
IN WITNESS WHEREOF,I have hereunto set my hand this 13th day.
of October,1976.
11 of Orange County,
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