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HomeMy WebLinkAboutReso 1973-6967RESOLUTION NO. 6967 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO APPROVE AN AMENDI4'IENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION U1' THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF CHULA VISTA The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said law; and WHEREAS, one of the steps in the procedure to amend this contract is the adoption by the legislative body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: Exclude persons hired on or after October 1, 1973, who are employed on a temporary and/or seasonal basis if it is a condition of employment at time of hire that said employment not exceed six months. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista gives, and it does hereby give notice of intention to approve an amendment to the contract between the City Council and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, marked "Exhibit A" and by this reference made a part hereof. Presented by Approved as to form by i~~ Gordon K. Grant, Director of George Lindberg, City Atto Finance a ADOPTED AND APPROVED BY THE CITY COUNCIL OF~THE CITY OF CHULA VISTA, CALIFORNIA, this 7th day of August 1973, by the following vote, to-wit: ' AYES: COUnC-i..2mert Hobel, Hamilton, Egdahl, Scott NAYES: Caunc~.2men None ABSENT : C o un c~..~m e n . Hyde ~Tayan o ~ e .cry o~ u a '° tih a r °~ ATTEST ~~ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, J~NNI~ M, ~LILASZ, C~,~y C.2e%cl~ o~ the C~.~y o~ Chu.~a U,i,3~ta, Ca~2~,~onn~.a, DO N~R~By CFRTT~y ~ha~ ~Gce abase and ~onega.cng ,c:, a au.Q.E:, ~nue and conned copy o~ and .that the .dame ha.~ nab-been amended arc he~ea2ed. DATED: ~. y e n k -__.__"._.._' ~ ~.~% ~` CERTIFICATION OF GOVERNING BODY'S ACTION I hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the CITY Ct7tTNCIL • Governing Body of the CITY D8 C TIB°Pli` , Name of Public Agency /~; on - 7 3 , appearing at Page / , Date Volume / f/ of the (Minutes) ("r~~=-n~-rds) off' the .~_.. GI'1'Y G4'O~fIT2+ Governing Body • CITY CLERK or Secretary of the Board PERS-ACT-12 (11/71) .,~ ~_ -~j/,' ~, ~'~ '. ~,`~~ °~, ~ ` ,,,,x~ ~~~ ~~ ,~-, .:~ SKFiIBST A AMENDi~II~',NT TO CONTRACT BiTir;LEN THE BOARD OF AD`?IDIISTRATION PUBLIC EMPLOYL~S ~ R~TIR"viENT SYSTEM AND THE CITY COUNCII, OF THE CITY OF CHULA VISTA The Board of Administration, Public Employees Retirement System, hereinafter referred to as Board, and the CITY COTJNCIL o~f the CITY OF CHULA VISTA, hereinafter referred to as Public Agency having entered into a contract under date of August 31, 19118, effective October 1, 1948, and as amended effective October 1, 1951, September 1, 1955, January 1, 1960, January 1, 1961, and September 1~ 1967, and as provided by Chapters 170 and 316, Statutes of 1971, which provide for parti- cipation of Public Agency in said System, Board and Public Agency hereby agree as follows A. Paragraphs 1 through 8 are hereby stricken from said contract as executed effective October 1, 19Lt8, and are hereby replaced by the following para- graphs numbered 1 through 9 inclusive: 1. All words and terms used herein which are defined in the Public Employees Retirement Law shall have the meaning a.s defined therein unless oth ~ - wise specifically provided. "Normal retirement age" shall mean age 60 for miscellaneous members and age 55 for local safety members. 2. Public Agency shall participate in the Public IiJmployees' Retirement System from and after October 1, 19l~8, making its employees as here- inafter provided, members of said System subject to all provisions of the Public ~nployees' Retirement Law except such as apply only on election of a contracting agenc~r and are not provided for herein and to all amendments to said Law hereafter enacted except such as by express provision thereof apply only on the election of contracting agencies. 3. Employees of Public Agency in the following classes stall become mem- bers of said Retirement System except such in each such class as are ex- cluded by law or this agreement: a. Local firemen (herein referred to as local safety members); b. Local policemen (herein referred to as local safety members); c. F~mpioyees other than local safety members (herein referred to as miscellaneous members). The following employees shall be excluded from membership in said Retirement System: PERSONS HIRED 0~J OR AFTIiR OCTOB~. 1, 1973, WHO ARL ~~'LOYr~D ON A T~IPORARY AND~OR Sr:; SG?1AL BASIS IF IT IS A CONDITION OF Ei~IPLOY.• MENT AT TII~; OF HIRE THAT SAID Ei~IPLOYi~ILNT NOT i:XCI?:ED SIX I~IOI~ITHS. . .' ~: ~~ . Lt.-The fraction of final compensation to be provided for each year of credited prior and current service as a miscellaneous member shall be that provided in Section 21251.13 of said Retirement Law. ~~~ 5. The fraction of final compensation to be provided for each year of . ,~ . credited prior and current service as a local safety .member shall be determined in accordance with Section 21252.1 of the. Retirement Law. 6. The following additional provisions of the Public Employees' Retire- ment Law which apply only upon election of a contracting agency shall apply to the Public Agency and its employees: a. Section 20952.5 (providing for age 50 as the minimum voluntary retirement age for local safety members with benefit payments commencing prior to age 55 subject to actuarial discount). b. Section 21380-7 (providing for allowances for survivors of mem- bers covered under the program upon death before retirement). 7. Public Agency shall contribute to said Retirement System as follows: a. With respect to miscellaneous members, the public agency-shall contribute the following percentages of monthly salaries earned as miscellaneous members of said System: (1) 0.03 percent until June 30, 2000 on account of the liability for prior service benefits. (2) 7.67. percent on account of the liability for current service benefits. (3) 0.76 percent on account of the liability for the 1959 Survivors program. b. With respect to local safety members, the public agency shall con- tribute the following percentages of monthly salaries earned as local safety members of said System: (1) 1.768 percent until September 30, 1973 on account of the lia- bility for prior service benefits. (2) 9.206 percent on account of the liability for current service benefits. (3) 0.091 percent on account of the liability for the 1959 Survivors program. c. A reasonable amount per annum, as fixed by Board to cover the costs of administering said System as it affects the employees of Publi c Agency, not including the costs of special valuations or the period- ical investigation and valuation required by law. ~ ~~~~~ Ret. Form 702-2 d. A reasonable amount as fixed by the Eoard, payable in one install- - ment as the occasions arise, to cover costs of special valuatio*„s on account of employees of Public Agency, and costs of the perio?- • ical investigation and valuation required by law. 8. Contributions required by Public Agency and its employees shall be s~:bject 'to adjustment by Board on account of amendments to the Public Emplq~ees~ Retirement Law, and on account of the experience under the Retiremeri System, as determined by the periodical investigation and valuation required by said Retirement Law. 9. Contributions required of °ublic Agency and its employees shall be paid by Public Agency to the Retirement System within thirty days after the ,end of the period to which said contributions refer. If more or less than the correct amount of contributions is paid for any period, prc~er adjustment shall be made in connection with subsequent remittances, or a~? justments on account of errors in contributions req~red of anrr employee may be made by direct cash payments between the employee a::c_' Board. Payments by Public Agency to Board ma;,T be made in the form of warrants, bank checks, bank drafts, certified checks, money orders, or cash. B. This amendment shall be attached to said contract and shall be effective on the day of • Witness our hands his day of BOARD OF A??NII"JISTRATION PUBLIC EI4PLOY~'ES ~ R.ETIREI~iF,NT SYSTEM BY William E. Payne, Executive Officer CITY COUAtCIL OF THE CITY OF ChZTLA VIST ~~; . BY ~ _ ~. Presid ng Of pacer ~. .:Attests `' Clerk ~~ ' C% 7 QGENDl~ ITEM NO o [ 9 ] CHULA VISTA CITY COUNCIL MEETING OF: August 7, 1973 Declaring intention ITEM TITLE: Resolution - To Amemd Contract Between the Board of Administra- tion of the Public Employees' Retirement'', System and the City Council of the City of Chub. Vista INITIATED BY: Director of Finance BACKGROUND: The procedure manual for public agencies reporting to the Public Employees' Retirement System defines full-time employees as those "persons employed 8 hours per day where the intent at time of hire is that they are to serve every work day for one month or more, become members on date of entry into employment." The amendment will change the one month stipula- tion to six months. The dollar savings and administrative costs to the City will be significant by deleting from the Public Employees' Retirement System those employees wlho in reality are not full-time. ATTACHED: Resolution [X] Financial Statement:. N/A Commission-Board Recommendation: Ordinance [ ] Agreement [x] Plat [ ] See EXHIBITS [g] No~ 1, 2 N/A Department Head Recommendation: Recommend Approval City Manager Recommendation: This clarification is necessary. Recommend approval. ~~~~