R-9678
RESOLUTION NUMBER 9678 (CCS)
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ELECTING TO BE SUBJECT TO
PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT ONLY WITH RESPECT
TO THE NON-PERS ELECTED OFFICIALS CATEGORY
AND
FIXING THE EMPLOYER'S CONTRIBUTION FOR EMPLOYEES AND THE
EMPLOYER'S CONTRIBUTION FOR ANNUITANTS AT DIFFERENT AMOUNTS
WHEREAS, Government Code Section 22850.3 provides that a contracting
agency may elect upon proper application to participate under the Public Employees'
Medical and Hospital Care Act with respect to a recognized employee organization only;
and
WHEREAS, Government Code Section 22754 (g) defines any Special District as
a contracting aQiency, and
WHEREAS, Government Code Section 22857 provides that a contracting agency
may fix the amount of the employer's contribution for employees and the employer's
contribution for retired employees and survivors at different amounts provided that the
monthly contribution for retired employees and survivors shall be annually increased by
an amount not less than 5 percent of the monthly contribution for employees, until such
time as the amounts are equal; and
WHEREAS, a Special District is hereby defined as a non-profit, self-governed
public agency within the State of California, and comprised solely of public employees
performing a governmental rather than proprietary function, and
WHEREAS, the City of Santa Monica, hereinafter referred to as Special District is
an entity meeting the above definition; and
WHEREAS, the Special District desires to obtain for members of the non-PERS
elected officials category, who are active and retired from the agency, the benefit of the
Act and to accept the liabilities and obligations of an employer under the Act and
Regulations;
WHEREAS, Government Code Section 53208.5 (b) prohibits any elective
member of a legislative body whose service first commences on and after
January 1, 1995, from receiving health and welfare benefits greater than the most
generous schedule of benefits being received by any category of non-safety employees;
and
WHEREAS, Government Code Section 53201 (c)(2) prohibits a local agency that
did not provide benefits to former elective members of a legislative body before
January 1, 1994, from providing benefits after January 1, 1994, unless the members
participate on a self-pay basis; and
WHEREAS, Government Code Section 53201 (c)(1) provides that a legislative
body that provided benefits to former elected members shall not provide benefits to any
person first elected to a term of office that begins on or after January 1, 1995, unless
the member participated on a self-pay basis or was fully vested prior to
January 1, 1995;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City as Special District hereby elects to be subject to the
provisions of the Act.
SECTION 2. The employer's contribution for each employee shall be the amount
necessary to pay the full cost of his or her enrollment, including the enrollment of his or
her family members in a health benefits plan up to a maximum of $16.00 per month.
SECTION 3. The employer's contribution for each retired employee or survivor
shall be the amount necessary to pay the cost of his or her enrollment, including the
enrollment of his or her family members, in a health benefits plan up to a maximum of
$1.00 per month.
SECTION 4. The employer's contribution for each retired employee or survivor
shall be increased annually by five (5) percent of the monthly contribution for
employees, until such time as the contributions are equal; and that the contributions for
active and retired employees and surVivors shall be in addition to those amounts
contributed by the Special District for administrative fees and to the Contingency
Reserve Fund.
SECTION 5. The City Council hereby appoints and directs the Director of
Personnel to file with the Board of Administration of the Public Employees' Retirement
System a verified copy of this Resolution, and to perform on behalf of said Special
District all functions required of it under the Act and Regulations of the Board of
Administration.
SECTION 6. Coverage under the Act will be effective on July 1, 2001.
SECTION 7. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
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rviAR~H\\ JONES)'MOUTRIEl. " T vcy
City Attorney
Adopted and approved this 26th of June, 2001.
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Michael FeinStein, Mayor
I. Maria M. Stewart. City Clerk of the City of Santa Monica, do hereby
certify that the foregoing Resolution No. 9678 (CCS) was duly adopted at a
meeting of the Santa Monica City Council held on the 26th of June, 2001, by the
following vote:
Ayes: Council members:
Holbrook, O'Connor, McKeown, Genser,
Katz, Mayor Pro Tem Bloom, Mayor
Feinstein
Noes: Council members:
None
Abstain: Council members:
None
Absent: Councii members:
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l'lUIlt:l
ATTEST:
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Beth Sanchei, Assistant Ci!y.Clerk