R-100-16 Electing to be Subject to the Public Employees' Medical and Hospital Care Act at Unequal Amounts for Employees and Annuitants with Respect to a recognized Employee Organization - Executive

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RESOLUTION NO. R-100-16 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 033 EXECUTIVE WHEREAS, (1) 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, (2) City of Calton is a contracting agency eligible to be subject to the Act under Government Code Section 22920; and WHEREAS, (3) Government Code Section 22892(a) provides that a contracting agency subject to Act shall fix the amount of the employer contribution by resolution; and WHEREAS, (4) 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, (5) City of Colton desires to obtain for its employees and annuitants who are members of Executive the benefit of the Act and to accept the liabilities and obligations of an employer under the Act; now, therefore, be it RESOLVED, (a) City of Colton elects to be subject to the provisions of the Act; and be it further RESOLVED, (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 RESOLVED, (c) City of Colton 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 RESOLVED, (d) That the participation of the employees and annuitants of City of Colton 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 governmental plan within the meaning of Section 414(d) of the Internal Revenue Code, upon publication of final Regulations pursuant to such Section. If it is determined that City of Colton would not qualify as an agency or instrumentality of the state or political subdivision of a State under such final Regulations, CalPERS may be obligated, and reserves the right to terminate the health coverage of all participants of the employer. RESOLVED, (e) That the executive body appoint and direct, and it does hereby appoint and direct, NEW - BY GROUP, EQUAL, 1 FIXED (REV. 5/2015)