Ordinance Number 127101
ORDINANCE NO. 127
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO ESTABLISHING
A RETIREMENT INCOME PLAN
WHEREAS, the City Council of San Juan Capistrano by Resolution 66-1-24-1
on January 24, 1966, declared its intention to adopt an ordinance establishing
an Employees' Retirement Income Plan; and
WHEREAS, an election was held to permit the employees of the City of San
Juan Capistrano eligible to participate in said plan to express by secret ballot
their approval or disapproval of the proposal; and
WHEREAS, the City Council may establish a pension plan and provide retire-
ment and death benefits for City employees in order to effect 6onomy and effic-
iency in the public service and provide a means by which employees who become
superannuated or otherwise incapacitated may, without hardship or prejudice, be
replaced by more capable employees pursuant to the provisions of Article 2, of
Chapter 2, Division 5, Title 4 of the Government Code of the State of California,
commencing with Section 45341 et seq., thereof; and
WHEREAS, pursuant to Section 45316 of the Government Code, Article 2 is an
alternative legislative grant of authority to create pension and retirement systems
subject to the terms and provisions thereof; and
WHEREAS, an employee pursuant to Section 300 of the Labor Code of the State
of California may authorize the employer to make deductions from his compensation
for contributions to funds, plans or systems providing for retirement and other
benefits of said employee or his family; and
WHEREAS, the City Council pursuant to Section 37206 of the Government Code
may by ordinance prescribe the time and method of paying salaries and pursuant to
Section 36506 of the Government Code shall fix compensation of all City Officers
and Employees; and
WHEREAS, the plan herein contained provides for an additional method of com-
pensation by way of retirement trust for those employees electing to come under the
Retirement Income Plan herein set forth; and
WHEREAS, Sections 401 and 501 of the Internal Revenue Code of 1954 and
Section 17501 at seq., of the Revenue and Taxation Code of the State of California
authorize an employer to create a pension or retirement trust plan for the exclusive
benefit of its employees or beneficiaries which may facilitate the establishment
of retirement and old age security and benefits for employees; and
WHEREAS, it is the intention of the City Council of the City of San Juan
Capistrano to establish a retirement income plan for the City's employees to be
£Qnded by contributions to the Trust Fund by the City and by the employees in such
amounts as are necessary to keep the Retirement Income Plan on a sound actuarial
basis;
NOW, THEREFORE, FOR THE PURPOSE AFORESAID, THE CITY COUNCIL OF THE CITY OF
SAN JUAN CAPISTRANO DOES ORDAIN AS FOLLOWS:
SECTION 1. There is hereby adopted and established a retirement income plan
to be known as the "City of San Juan Capistrano Retirement Income Plan", such plan
to conform to the document entitled "City of San Juan Capistrano Income Plan",
copies of which are on file in the office of the City Clerk of the City of San
Juan Capistrano.
SECTION 2. There will be established a City Retirement Income Trust in the
form and fashion of a Trust Agreement to be made and entered into between the
City and Title Insurance and Trust Company in order to accomplish the purpose of
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this ordinance. Said Trust will conform to the Trust Agreement, copi6s of which
are on file in the office of the City Clerk of the City of San Juan Capistrano.
SECTION 3. Participation in the Plan shall be voluntary: No employee other-
wise to participate shall be compelled, as a condition of employment, as a condition
of advancement, or for any reason, to become a member of said Plan.
SECTION 4. This ordinance shall take effect and be in force thirty (30)
days from and after its passage.
SECTICd 5.' The City Clerk shall certify to the passage and adoption of this
ordinance by the City Council of the City of San Juan Capistrano at a regular
meeting held on the 27th day of February, 1967, and shall cause the same to be
published in the Coastline Dispatch within fifteen (15) days after its passage.
PASSED, APPROVED and ADOPTED this 27th day of February, 1967.
Mayor of the City of
ATTEST: - - San Juan Capistrano
a
City Clerk of the City of
San Juan Capistrano
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) as
CITY OF SAN JUAN CAPISTRANO )
I, ERNEST A. THOMPSON, City Clerk of the City of San Juan Capistrano, do
hereby certify that the attached and foregoing ordinance was duly and regularly
adopted by the said City Council at a regular meeting thereof held on the 27th day
of February, 1967, and passed by a unanimous vote of said Council.
AYES: COUNCILMEN: CHERMAK, BATHGATE, BUCHHEIM, OLIVARES and DURNFORD
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: NONE
City Clerk
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