HomeMy WebLinkAboutResolution 2005-189 N.C.S. 11/07/2005 Resolution No. 2005-189 N.C.S.
of the City of Petaluma, California
RESOLUTION AMENDING RESOLUTION 94-208 N.C.S. REGARDING
CONTINUATION OF HEALTH BENEFITS FOR COUNCIL MEMBERS WHO LEAVE
OFFICE EITHER UPON RETIREMENT OR NON RE-ELECTION
WHEREAS, the City Council adopted Resolution 94-208 N.C.S. on August 1, 1994 to
provide Council Members who have retired or were not re-elected and who meet certain
eligibility requirements with continuation of health benefits; and,
WHEREAS, in 1995, State law was passed which clarifies that Council Members of
charter cities who are elected to a term of office that begins on or after January 1, 1995 are
prohibited from receiving health benefits unless the recipient participates on a self-pay basis;
and,
WHEREAS, Ca1PERS has rendered an opinion that this prohibition does not apply to
health benefits governed by the Public Employees' Medical and Hospital Care Act
("PEMHCA").
NOW, THEREFORE, BE IT RESOLVED that Council Members' right to
continuation of health benefits after they leave office either upon retirement or non re-election is
as follows.: Council Members who are elected to a term of office that begins on or after January
1, 1995 shall not receive City-paid health benefits upon their retirement or non re-election but
may participate in the City's health plan only if they pay the full cost of such benefits, with the
following exception: If the retired Council Member meets the Ca1PERS definition of
"annuitant" (i.e. retires into CaIPERS within 120 days of separation from the City Council and
receives a retirement allowance from Ca1PERS), and is enrolled in a CaIPERS health plan
through the City, the Council Member shall be entitled to receive aCity-paid contribution toward
premium costs for such retiree health benefits in the same amount as the City pays other retired
City employees in accordance with PEMHCA.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a Regular meeting on the 7`~ day of November,
2005, by the following vote:
City Attorney
AYES: Canevaro, Mayor Glass, Vice Mayor Harris, Healy, Nau ,O'Brien, Torliatt
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk Mayor
Resolution No. 2005-189 N.C.S. Page I