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94-103 RESOLUTION NO. 94R-3~__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE ANAHEIM POLICE ASSOCIATION AND THE CITY OF ANAHEIM. WHEREAS, on March 8, 1994 the City Council adopted Resolution No. 94R-29 approving a Memorandum of Understanding between the Anaheim Police Association and the City of Anaheim; and WHEREAS, the Human Resources Director met and conferred with officials and employee representatives of the Anaheim Police Association to discuss specific concerns relative to amending Article 58 - Insurance, Section 58.064 of said Memorandum of Understanding; and WHEREAS, a Letter of Understanding dated June 8, 1994, between the parties has been prepared and signed, amending Article 58 - Insurance, Section 58.064 of the current Memorandum of Understanding; and WHEREAS, the City Council of the City of Anaheim does find that it is in the best interests of the City of Anaheim to approve said Letter of Understanding. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the Letter of Understanding dated June 8, 1994, between the Anaheim Police Association and the City of Anaheim, a copy of which is attached hereto and incorporated by reference herein, is approved, and said Memorandum of Understanding is hereby amended in accordance with the terms of said Letter of Understanding. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 21st day of June, 1994. MA OF THE ~M ATTEST~ ~~ CITY CLERK OF THE CITY OF ANAHEIM APPROVED AS TO FORM: CITY ATTORNEY OF ~HE OTTY OF ANAHEIM 93190.Resolution STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 94R-103 was introduced and adopted ;at a regular meeting provided by law, of the Anaheim City Council held on the 21st day of June, 1994, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: :Feldhaus, Simpson, Pickler, Hunter, Daly NOES: COUNCIL MEMBERS: ~1one ABSENT: COUNCIL MEMBERS: .',lone AND I FURTHER CERTIFY that the Mayor 3f the City of Anaheim signed said Resolution No. 94R-103 on the 22rid day of June, 1994. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 22nd day of June, 1994. CITY CLERK OF THE CITY Of ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No, 94R-103 was d~.lly passed and adopted by the City Council of the City of Anaheim on June 21, 1994. CITY CLERK OF THE CITY OF ANAHEIM LETTER OF UNDERSTANDING Between the CITY OF ANAHEIM and the ANAHEIM POLICE ASSOCIATION The City of Anaheim and the Anaheim Police Association after meeting and conferring, have reached an understanding to amend Article 58 - Insurance, Section 58.064 as follows: 58.064 Employees covered by this Article may elect to receive additional compensation In the form of taxable wages and contribute up to a maximum of two per cent (2%) of the cost of employee retirement benefits until June 16, 1994. Such election shall be irrevocable and the employee must be within three (3) years of his anticipated retirement date. 58.0641 The additional compensation available under ARTICLE 58.064 shall be such that the total cost to ANAHEIM for the employee's wage and pension benefits is equal to the cost ANAHEIM would have paid if the employee had not elected to receive additional compensation. 58.0642 This option shall not be available subsequent to June 16, 1994. On June 17, 1994, employees who previously exercised this option shall stop receiving the additional compensation and stop making their own retirement contributions pursuant to that election. 58.0643 Effective June 17, 1994, ANAHEIM shall implement the provisions of Section 414(h)(2) of the Internal Revenue Code to establish an "employer pickup" program for the purpose of providing favorable tax treatment for statutorily required employee retirement contributions to PERS. 58.0644 In accordance with that program, the base salary of each employee shall be increased by an amount equal to the value of 2% of the statutorily required 9% employee retirement contribution to PERS (i.e. 2/9 of the entire required employee retirement contribution to PERS). This remuneration paid out of funds controlled by ANAHEIM for services performed during normal working hours, including time during which the employee is excused because of a paid leave of absence, shall be regarded as part of the normal monthly rate of pay or base pay of the employee, and therefore, his or her "pay rate" within the meaning of Sections 20022 and 20023 of the California Government Code, as amended effective July 1, 1994. As such, this additional base salary shall be reported to PERS as "compensation earnable," and shall be treated as base salary, or wages, for all purposes, including, but not limited to, calculating overtime compensation, bonuses and assignment pay, except that it shall not be included in the calculations for determining the value of payments for cashing out accumulated leave balances. In addition, the salary Increase shall be regarded as deferred income, not ordinary Income, for federal and state income tax purposes, both withholding and reporting. Coincidental with this salary increase, each employee shall pay 2% of the statutorily required 9% employee retirement contribution to PERS (i.e. 2/9 of the entire required employee retirement contribution to PERS). However, pursuant to section 414(h)(2) of the Internal Revenue Code, those employee payments shall be "picked up" by ANAHEIM and, thus, regarded as employer contributions. 58.0645 The remaining 7% of the statutorily required 9% employee retirement contribution to PERS (i.e. 7/9 of the entire required employee retirement contribution to PERS) shall continue to be paid by ANAHEIM as employer paid member contributions authorized by Section 20615 of the California Government ~ Code. These contributions shall not be included in the wages of the employees for any purposes, including reporting the compensation earnable of employees to PERS, calculating overtime payments, bonuses, assignment pay or cash out of accumulated leave balances, or for any other purpose. 58.0646 The "employer pickup" program implemented effective June 17, 1994, shall apply uniformly to all employees covered by this agreement and no individual shall have any option to deviate from this arrangement. 58.0647 ANAHEIM and APA agree that ANAHEIM has exercised reasonable diligence in researching and implementing the employer pickup program. ANAHEIM shall not be held responsible for any changes in state or federal tax law, any public or private rulings, or any interpretations of existing law ~,~ or regulation that may affect the tax treatment of pension contributions authorized under this agreement. STAFF OFFICIALS OF THE CITY OF ANAHEIM POLICE ASSOCIATION ANAHEIM, a Municipal Corporation