Resolution 1997-64
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RESOLUTION NO. 97-64
RESOLUTION ELECTING TO BE SUBJECT TO PUBLIC
EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT
ONLY WITH RESPECT TO ELECTED CITY COUNCIL
MEMBERS AND MAYOR 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 ofthe 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 Gilroy, hereinafter referred to as Special District is an entity meeting
the above definition; and
WHEREAS, Government Code Section 53208.5 (b) prohibits any elective member ofa
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
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 participate on a self-pay basis or was fully vested prior to
January 1, 1995; and
WHEREAS, the Special District desires to obtain for the members of City Council and Mayor,
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;
now, therefore, be it
RESOLUTION NO. 97-64
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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 sixteen dollars ($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 one dollar
($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 (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; and be it further
RESOLVED, that the executive body appoint and direct, and it does hereby appoint and direct,
the City of Gilroy 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 coverage under the Act be effective on January 1, 1998.
PASSED AND ADOPTED this 1 st day of December, 1997 by the following votes:
AYES:
COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES, ROWLISON,
SPRINGER, SUDOL, and GILROY
NOES:
COUNCILMEMBERS: NONE
ABSENT:
COUNCILMEMBERS: NONE
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K.A. Mike Gilroy, Mayor ...,
ATTEST:
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Rhonda Pellin, City Clerk
RESOLUTION NO. 97-64
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I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 97-64 is an original resolution, duly adopted by the Council of the City of Gilroy
at a regular meeting of said Council held on the 1st day of December, 1997, at which meeting a
quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 15th day of December, 1997.
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City Clerk of the City of Gilroy
(Seal)