CC Resolution 9724
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RESOLUTION NO. 9724
RESOLUTION ELECTING TO BE SUBJECT TO
PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT
ONLY WITH RESPECT TO MEMBERS OF A SPECIFIC EMPLOYEE ORGANIZATION
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 agency; 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 five percent (5%) 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 Campbell, hereinafter referred to as Special District, is an
entity meeting the above definition; and
WHEREAS, the Special District desires to obtain for the City Treasurer/Board
Members, who are active employees of the agency, the benefit of the Act and to accept the
liabilities and obligations of an employer under the Act and Regulations; and
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, be it
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Resolution No. 9724
Page 2
RESOLVED, that the Special District elect, and it does hereby elect, to be subject to
the provisions of the Act; and be it further
RESOLVED, that the employer's contribution for each employee shall be the amount
necessary to pay the full cost of his enrollment, including the enrollment of his family
members in a health benefits plan up to a maximum of $16.00 per month; and be it further
RESOLVED, that the employer's contribution for each retired employee or survivor
shall be the amount necessary to pay the cost of his enrollment, including the enrollment of
his family members, in a health benefits plan up to a maximum of $1.00 per month; and be it
further
RESOLVED, that the employer's contribution for each retired employee or survivor
shall be increased annually by five percent (5%) 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; and be it further
RESOLVED, that the executive body appoint and direct, and it does hereby appoint
and direct the Administrative Services Director 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; and be it further
RESOLVED, that the coverage under the Act be effective on January 1,2001.
PASSED AND ADOPTED this 5th
roll call vote:
day of September ,2000 by the following
AYES: Councilmembers: Dougherty, Furtado, Watson, Dean, Kennedy
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
ATTEST.>,
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Anne Bybee, City Clerk