RESOLUTION NO. 11441
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ORANGE ELECTING TO BE
SUBJECT TO THE PUBLIC EMPLOYEES’
MEDICAL AND HOSPITAL CARE ACT AT AN
EQUAL AMOUNT FOR EMPLOYEES AND
ANNUITANTS WITH RESPECT TO A
RECOGNIZED EMPLOYEE ORGANIZATION
WHEREAS, a contracting agency meeting the eligibility requirements set forth in Government Code Section 22920, may obtain health benefit plan(s), as defined under Government Code Section 22777, by submitting a resolution to the Board of Administration of the California Public Employees’ Retirement System (the “Board”), and upon approval of such resolution by the Board, become subject to the Public Employees’ Medical and Hospital Care Act (the “Act”); and
WHEREAS, City of Orange is a contracting agency eligible to be subject to the Act under Government Code Section 22920; and
WHEREAS, Government Code Section 22892 (a) provides that a contracting agency subject to the Act shall fix the amount of the employer contribution by resolution; and
WHEREAS, Government Code Section 22892(b) provides that the employer contribution shall be an equal amount for both employees and annuitants, but may not be less than the amount prescribed by Section 22892(b) of the Act; and
WHEREAS, City of Orange desires to obtain for its employees and annuitants who are members of Non -PERS Elected Officials the benefit of the Act and to accept the liabilities and obligations of an employer under the Act; now, therefore, be it.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange as follows:
(a) City of Orange elects to be subject to the provisions of the Act; and be it further
(b) That the employer contribution for each employee or annuitant 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 the PEMHCA Minimum per month, plus administrative fees and Contingency Reserve Fund assessments; and be it further
(c) City of Orange 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
(d) That the participation of the employees and annuitants of City of Orange 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 government plan within the meaning of 2 Section 414(d) of the Internal Revenue Code, upon publicatio n of final Regulations pursuant to such Section. If it is determined that City of Orange would not qualify as an agency or instrumentality of the state or political subdivision of a State under such final Regulations, CalPERS may be obli gated, and reserve s the right to terminate the health coverage of all participants of the employer; and be it further
(e) That the executive body appoint and direct, and it does hereby appoint and direct, Monica Espinoza, Human Resources Director, to file with the Board a verified copy of this resolution, and to perform on behalf of City of Orange all functions required of it under the Act; and be it further
(f) That coverage under the Act be effective on May 1, 2023.
ADOPTED this ____ day of ____________________, 2023
Daniel R. Slater, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the day of , 2023 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Pamela Coleman, City Clerk, City of Orange