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HomeMy WebLinkAboutReso 1987-13016 RESOLUTION NO. 13016 RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF 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 governing 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: To provide for the merger of the Montgomery Fire Protection District ~1099, into the contract of the City of Chula Vista pursuant to Government Code Section 20567.1. All benefits provided under the contract of the City of Chula Vista except Section 21382.2 (Increased Level of 1959 Survivor Benefits) shall apply to all past service for former employees of the Montgomery Fire Protection District pursuant to Section 20567.8, for local miscellaneous and local safety members. NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency does hereby give notice of intention to approve an amendment to the contract between the said governing body and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof. Presented by Approved as to form by E. R. Asmus, Assistant City torney Manager ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 5th doy of Ha7 19 87 , by the following vote, to-wit: AYES: Councilmembers Moore, Cox, NcCandllss, Nader NAYES: Councilmembers None ABSTAIN: Councilmembers None ABSENT: Counci 1 members Halcolm Me r ~ the Ciiy of Chulo Visto ,,, ATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) sS. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK Of the City of Chulo Visto, Colifornio, DO HEREBY CERTIFY thor the obove ond foregoing is o full, true ond correct copy of RESOLUTION NO. 15016 ,ond thor the some hos not been omentied or repeoled. CITY OF CHULA VISTA CC - 660 s EXHIBIT AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ~MINI TRATION OF ~E PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND ~E CI~ COUNCIL OF ~E CI~ OF CHULA VISTA The Board o~' Administration, Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of above public agency, herein- after referred to as Public Agency, having entered into a contract effective October 1, 1948, and witnessed August 31, 1948, and as amended effective October 1, 1951, November 1, 1955, January 1, 1960, January 1, 1961, September 1, 1967, September 28, 1973, October 4, 1973, October 8, 1976, April 16, 1981, January 8, 1982 and September 28, 1984, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective September 28, 1984, and hereby replaced by the following paragraphs numbered 1 through 12 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous members and sge 50 for local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after October 1, 1948 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of s contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contrac- ting agency. 3- Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this sgreement: a. Local Fire Fighters (herein referred to as local safety members); PLEAS DO NOT SIGN "EXHIBIT b. Local Police Officers (herein referred to as local safety members); (1). Local Police Officers shall include individuals defined by Section 20020 of the Government Code prior to its amendment at the 1975-76 Regular Legislative Session, effective January 1, 1976, employed Dy Public Agency prior to such amendment; c. Employees other than local safety members (heroin referred to as local miscellaneous members). 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS 5- Effective October 4, 1973 and prior to January 1, 1975, those members who were hired by Public Agency on a temporary and/or seasonal basis not to exceed 6 months were excluded from PERS membership by contract. Government Code Section 20336 supersedes this contract provision by providing that any such temporary and/or seasonal employees are excluded from PERS membership subsequent to January 1, 1975. 6o This contract shall be the continuation of the benefits of the contract of the Montgomery Fire Protection District, hereinafter referred to as "Former Agency", pursuant to Section 20567.1 of the Government Code, Former Agency having ceased to exist and been succeeded by Public Agency on January 1, 1986. Public Agency, by this contract, assumes the accumulated contributions and assets derived therefrom and liability for prior and current service under the FOrmer Ageney's contract with respect to the Former Agenoy's employees. a. Service performed for the former agency prior to January 1, 1986 shall be computed separately from service performed on and after January 1, 1986, pursuant to Government Code Section 20567.8. All benefits except Section 21382.2 (Increased Level of 1959 Survivor Benefits), provided under the contract of the City of Chula Vista shall apply to all past service for former employees of the Montgomery Fire ProtectYon District. 7. The fraction of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21251.13 of said Retirement Law (2% st age 60 Full). PLJ:ASJ DO NOT SIGN "EXHIBIT ONLY" 8. 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 21252.01 of said Retirement Law (2% at age 50 Full). 9. The following additional provisions of the Public Employees' Retirement Law, which apply only upon election of a contracting agency, shall apply to the Public Agency and its employees: a. Sections 21380 - 21387 (1959 Survivor Program) excluding Section 21382.2 (Increased 1959 Survivor Benefits) and Section 21382.4 (Third Level of 1959 Survivor Benefits). b. Section 20862.8 (Unused Sick Leave Credit). c. Section 20020 ("Local Police Officer" shall include persons assigned to identification and communication duties in the Police Department who were not classified as local safety members and who were in such employment on or prior to August 4, 1972, and who elected to be local safety members on or before September 28, 1973. d. Section 21222.85 (Special 3% - 15% Increase) for or on behalf of those local miscellaneous and those local safety members who retired or died prior to January 1, 1974. e. Sections 21263/21263.1 (Post-Retirement Survivor Allowance) for local safety members only. f. Section 20500 (Cost Sharing) Public Agency and its employees have agreed to share the cost of the following benefit applicable to Section 21252.01. From September 28, 1984 through to the effective date of this amendment to contract, the local safety employees of Public Agency shall be assessed an additional 0.341% of their compensation - for a total contribution rate of 9.341% pursuant to Government Code Section 20500. 10. Public Agency, in accordance with Government Code Section 20740, ceased to be an "employer" for purposes of Section 20759 effective on October 8, 1976. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20759, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20759. LEASE DO NOT SIGN ONLY" 11. Public Agency shall contribute to said Retirement System as follows: a. With respect to local miscellaneous members, the agency shall contribute the following percentages of salaries earned as members of said Retirement System: (1) 0.039 percent until June 30, 2000 on account of the liability for prior service benefits. (Subject to annual change.) (2) 8-937 percent until June 30, 2011 on account of the liability for current service benefits. (Subject to annual change.) (3) 0.082 percent until June 30, 1996 on account of the liability for the benefits provided under Section 21222.85 of said Retirement Law. (Subject to annual change.) b. With respect to local safety members, the agency shall contribute the following percentages of salaries earned as members of said Retirement System: (1) 0.492 percent until June 30, 2000 on account of the liability for prior service benefits. (Subject to annual change.) (2) 25.364 percent until June 30, 2011 on account of the liability for current service benefits. (Subject to annual change.) (3) 0.016 percent until June 30, 2011 on account of the liability for the 1959 Survivor Program. (Subject to annual change.) c. A reasonable amount, as fixed by the Board, payable in one in- staIlment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. d. A reasonable amount, as fixed by the Board, payable in one in- stallment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 12. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 13. Contributions required of Public Agency and its empioyees shall be paid Dy Public Agency to the Retirement System within thirty days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances, Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board, B, This amendment shall be effective on the day of , 19 ~OARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SY~M OF THE -~ .,~ ~ CITY OF CHULA VISTA BY ~Y O ~e~?' BENEFIT S~C~S ~ ~ne~e Clerk PERS-CON-702 (AMENDMENT) (Rev. 9/86)