HomeMy WebLinkAbout76-44 - Amending Retirement Plan - Employee Appeal RightsRESOLUTION NO. 76-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, 61ICNDING CERTAIN SECTIONS
OF THE RETIREMENT PLAN FOR EMPLOYEES OF THE CITY
OF COSTA MESA CONCERNING EMPLOYEE APPEAL RIGHTS
OF RETIREMENT COMMITTEE DECISIONS UNDER SAID PLAN.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS
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FOLLOWS:
THAT, WHEREAS, the Retirement Plan for
the Employees of the City
of Costa Mesa affords substantial benefits to
certain of its Employees
participating in said Plan; and
WHEREAS, the Retirement Plan vests the
administration of said Plan
and decision with regard to such benefits in
the members of the Retire-
ment Committee; and
WHEREAS, such decisions as from time to
time are made by the
Retirement Committee may substantially affect
a participating Employee's
rights to said benefits under the Plan; and
WHEREAS, the due process rights of participating
Employees who may
disagree with the decisions of the Retirement
Committee should be pro-
vided for;
NOW, THEREFORE, BE IT RESOLVED that the
Retirement Plan for
Employees of the City of Costa Mesa is hereby
amended by added to Sec-
tion 11.2 the following provisions:
Decisions with respect to applications for benefits, and the
status of an Employee with respect to such benefits, shall be made
under the authority of the Retirement Committee and shall be com-
municated to the Employee as soon as possible after being made. In
the event, however, that such decision is made without a hearing
and the Employee affected by the decision is dissatisfied, such
decision shall not become effective or be final but shall be
subject to review upon application of the Employee affected, with
notice and opportunity to be heard. If any Employee is dissatis-
fied, he/she may make application for a review hearing on writing
within ten (10) days of receipt of the notice of the Retirement
Committee's decision concerning his/her benefits.
Upon receipt of any such application for a review hearing, the
date for such a hearing shall be set at the next regular monthly
meeting of the Retirement Committee occurring after receipt of the
Employee's application for review but in no event later than sixty
(60) days after receipt of such application.
All review hearings shall be conducted under the direction of
the Chairman of the Retirement Committee. All decisions shall be
made by a majority vote of the Retirement Committee members present
at the review hearing. The Employee may be represented by counsel
or, if he/she chooses, may conduct his/her own presentation.
Evidence shall be presented by sworn witnesses, and shall be within
the generally accepted procedures for administrative hearings.
Decisions made at review hearings shall, after notice and hearing,
be final. Judicial review of an adverse decision must be commenced
within ninety (90) days of its rendition.
BE IT FURTHER RESOLVED that the remainder of Section 11.2, except
for the above additional language, remains the same;
BE IT FURTHER RESOLVED that nothing contained in this Amendment
shall be held to alter or affect any of the provisions of this Plan
other than as herein specifically provided.
The effective date of this Amendment is April 1, 1976.
PASSED AND ADOPTED this 15th day of March, 1976.
Mayor of the ty Costa esa
ATTEST:
City Clerk of the City of Costa sa
STATE OF CALIFORNIA )'
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City
Council of the City of Costa Mesa hereby certify that the above and
foregoing Resolution No. 76-44 was duly and regularly passed and adopted
by the said City Council at a regular meeting thereof, held on the 15th
day of March, 1976.
IN WITNESS WHEREOF I have hereunto set my hand and affixed the Seal
of the City of Costa Mesa this 16th day of March, 1976.
City Clerk and ex -officio Clerk the
City Council of the City of Co a Mesa
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