HomeMy WebLinkAbout2001-01-23; City Council; Resolution 2001-211
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RESQLUTION NO. 2001-21
A RESOLUTION ELECTING TO BE SUBJECT TO PUBLIC EMPLOYEES’
MEDICAL AND HOSPITAL CARE ACT ONLY WITH RESPECT TO
MEMBERS OF A SPECIFIC EMPLOYEE ORGANIZATION AND FIXING
THE EMPLOYER’S CONTRIBUTION AT AN AMOUNT GREATER THAN
OR EQUAL TO THAT PRESCRIBED BY SECTION 22825 OF THE
GOVERNMENT CODE.
WHEREAS, Government Code Section 22850.3 provides that a contracting
agency may elect upon proper application 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, 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 Carlsbad, hereinafter referred to as Special District is an
entity meeting the above definition; and
WHEREAS, the Special District desires to obtain for its Elected Officials who are
active and retired 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 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 nonsafety employees; and
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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; 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California as follows:
1. That the above recitations are true and correct.
2. That the Special District elect, and it does hereby elect, to be subject to the
provisions of the Act.
3. That the employer’s contribution for each active employee or retired
employee or survivor shall be the amount necessary to pay the full cost of his/her
znrollment, including the enrollment of family members, in a health benefits plan or
?lans up to a maximum of sixteen dollars ($16.00) per month plus administrative fees
and Contingency Reserve Fund assessments.
4. That the executive body appoint and direct, and it does hereby appoint and
direct, the Human Resources Director to file with the Board of Administration of the
Public Employees’ Retirement System a verified copy of this Resolution, and to perform
In behalf of said Special District all functions required of it under the Act and
Regulations of the Board of Administration.
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1 5. That coverage under the Act be effective on January 1,200l.
2 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Carlsbad
3 City Council held on the 23rd dayof January ,2001, by the following
4 vote, to wit:
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7 AYES: Council Members Lewis, Kulchin, Finnila, Nygaard and Hall.
II ATTEST:
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(SEW
stant City Clerk
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