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HomeMy WebLinkAbout2001-01-23; City Council; Resolution 2001-211 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 3 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: 5 6 7 AYES: Council Members Lewis, Kulchin, Finnila, Nygaard and Hall. II ATTEST: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 (SEW stant City Clerk 24 25 26 27 28