HomeMy WebLinkAboutRESO 9515RESOLUTION No. 9515 ELECTING TO BE SUBJECT TO
PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT
AND FIXING THE EMPLOYER'S CONTRIBUTION AT AN AMOUNT EQUAL TO OR
GREATER THAN THAT PRESCRIBED BY GOVERNMENT CODE SECTION 22892(b)
WHEREAS, (1) Government Code Section 22922(a) provides the benefits of the Public
Employees' Medical and Hospital Care Act (the "Act") to employees,
retire.es, and survivors of local agencies contracting with the Public
Employees' Retirement System on proper application by a local agency;
and
WHEREAS, (2) Section 22892(a) of the Act provides that a local contracting agency shall
fix the amount of the employer's contribution; and
WHEREAS, (3) Government Code Section 22920(b) defines any Special District as a
contracting agency, and
WHEREAS, (4) 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, or
a City seeking to provide to a class of employees the benefits of the Act
but not CaiPERS pension benefits, and
WHEREAS, (5) City of Palo Alto . hereinafter referred to
as Special District is an entity meeting the above definition; and
WHEREAS, (6) The Special District desires to obtain for the members of Non-PERS
City Council Members (i.e. non-pension Council members) , who are
active and retired employees and survivors of the agency, the benefit of
the Act and to accept the liabilities and obligations of an employer under
the Act and Regulations; now, therefore, be it
RESOLVED, (a) That the Special District elects, and it does hereby elect, to be subject to
the provisions of the Act; and be it further
RESOLVED, (b) That the employer's contribution for each employee, retiree, or survivor
shall be the amount necessary to pay the full cost of his/her enrollment,
including the enrollment of family members in a health benefits plan up to
a maximum of PEMHCA Minimum per month, plus
administrative fees and Contingency Reserve Fund assessments; and be
it further
RESOLVED, (c) That City of Palo Alto has fully complied with
any and all applicable provisions of Government Code Section 7507 in
electing the benefits set forth above; and be it further
RESOLVED, (d) That the participation of the employees, retirees, and survivors of City of
Palo Alto shall be subject to determination of its status as an
"agency or instrumentality of the state or political subdivision of a State"
that is eligible to participate in a governmental plan within the meaning of
Section 414(d) of the Internal Revenue Code, upon publication of final
NEW PERS ALL EQUAL 1 FIXED Revision July 2009
Regulations pursuant to such Section. If it is determined that City of
Palo Alto would not qualify as an agency or instrumentality of
the state or political subdivision of a State under such final Regulations,
CaiPERS may be obligated, and reserves the right to terminate the health
coverage of all participants of the employer.
RESOLVED, (e) That the executive body appoint and direct, and it does hereby appoint
RESOLVED, (f)
and direct, The City of Palo Alto City Council 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
That coverage under the Act be effective on July 1. 2015
Adopted at a~special meeting of the 0)\'{ CpUN~L
at fM._,O f\L-\0 this \sT day of----''"""""~tA"'-'-N:......:....lfo<...--__
2015..
Signed:
Mayor ~
Attest: ~. t~
City Clerk '
Approved as to form: ~A A--_·· __ ~
NEW PERS ALL EQUAL 1 FIXED Revision July 2009
INTRODUCED AND PASSED: June 1, 2015
AYES: BERMAN, BURT, FILSETH, HOLMAN, KNISS, SCHARFF, SCHMID, WOLBACH
NOES:
ABSENT: DUBOIS
ABSTENTIONS:
ATIEST: . / ./ /J . ~ ,[Jv# --F-~~.._____,(~=-------
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
~City Attorney
NEW PERSALL EQUAL 1 FIXED Revision July 2009