HomeMy WebLinkAboutReso 1990-15745 RESOLUTION NO. 15745
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
OF INTENTION 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 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 govering 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 Section 20024.2 (One-Tear Final Compensation) for local fire
members.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby give notice of intention to approve an amendment to the
contract between the 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
Director of Personnel A
Resolution No. 15745
Page2 * * * COPY * * *
EXHIBIT "A"
~ ~0 CONTRACT
BOARD OFADMINISTRATION
<~ OF T~
~$O~ P~LIC ~Y~S* R~I~ SYST~
~ CITY CO~CIL
CITY OF ~U~ VISTA
The Board of Administration, Public Employees' Retirement System, hereinafter
referred to as Board, and the ~overnin~ bo~y of above public agency,
hereinafter referred to as Public Aeency, havin~ 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, September 28, 1984, July 3, 1987 and October 13,
1989, which provides for participation of Public A~ency in sai~ System, Board
and Public Agency hereby agree as follows:
A. Paragraphs i through 12 are hereby stricken from said contract as executed
effective October 13, 1989, and hereby replaced by the following paraera~hs
numbered 1 through 14 inclusive:
1. All words and terms use~ 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 dee 60 for local miscellaneous members an~ age 50 for local
safety members.
2. Public Agency shall participate in the Public Employees' Retirement
System from and after October 1, 1948 makin~ it~ employees as
hereinafter provided, members of sai~ System subject to all provisions
of the Public Employees' Retirement Law except such as apply only on
election of a contracting a~ency and are not provided for herein an~
to all amendments to said Law hereafter enacted except those, which by
express previsions thereof, apply only on the election of a contract-
in~ agency.
3. ~ployees of Public A~ency in the following classes shall become
members of said Retirement System except such in each such class as
are exclude~ by law or this agreement:
a. Local [ire Fighters (herein referred to as local safety members)~
b. Local Police Officers (herein referred to as local safety
members);
c. ~mployees other than local safety members (herein referre~ to a~
local miscellaneous members).
ResolUtion No. 15745
Page 3
*** COPY ***
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:
NOAI)DI~IONALM~(~LUSIONS
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
are excluded from PERS membership subsequent to January 1,
1975.
employees
This contract shall be the continuation of the contract of the
Montgomery Fire Protection District, hereinafter referred to as
"Former Agency". The accumulated contributions, assets and liability
for prior and current service under the Former Agency's contract shall
be merged pursuant to Section 20567.1 of the Government Code.
~ 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 Protection 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% at age 60 Full).
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 Benefits) excluding Section
21382.2 (Increased 1959 Survivor Benefits) and Section 21382.4
(Third Level of 1959 Survivor Benefits) for local miscellaneous
members and local police members only.
b. Section 20862.8 (Credit for Unused Sick Leave).
Resolution No. 15745
Page 4 * * * C 0 P Y * * *
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).
Section 21222.85 (Special 3% - 15% Increase) for or on behalf of
those local miscellaneous members and those local safety members
who retired or died prior to January 1, 1974.
~i.~ e. Sections 21263/21263.1 (Post-Retirement Survivor Allowance) for
-~ local safety members only.
f. Section 20500 (Public Agency and its employees have agreed to
share the cost of the following benefit applicable to Section
21252.01 (2% @ 50 Full formula).
From and after September 28, 1984 to July 1, 1985 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.
g. Sections 21380 - 21387 (1959 Survivor Benefits) including Section
21382.2 (Increased 1959 Survivor Benefits) for local fire members
only.
h. Section 20024.2 (One-Year Final Compensation) for local fire
members only.
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
befixed 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.
11. Public Agency shallcontribute to said Retirement System the
contributions determined by actuarial valuations of prior and future
service liability with respect to local miscellaneous members and
local safety members of said Retirement System.
12. Public Agency shall contribute to said Retirement System as follows:
a. Public Agency shall contribute $2.50 per employee, per month on
account of the liability for the 1959 Survivor Benefits provided
under Section 21382.4 of said Retirement Law. (Subject to annual
change.) In addition, all assets and liabilities of Public
Agency and its employees shall be pooled in a single account,
based on term insurance rates, for survivors of all local fire
members.
Resolution No. 15745
Page 5
*** COPY ***
b. A reasonable amount, as fixed by the Board, payable in one in-
stallment 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.
c. 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.
13. 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.
14. Contributions required of Public Agency and its employees shall be
paid by Public Agency to the Retirement System within fifteen 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 ef~,~~ on the day of
ve
BOARD OF ADMINISTRATION ~ CITY COUNCIL
PUBLIC EMPLOYEES' RETIREM~SYSTEM OF THE
CITY OF CHULA VISTA
BY .~") BY
CHIEF, CONTRAC ~RVICES DIVISION Presiding Officer
PUBLIC EMPLOYS' RETIREMENT SYSTEM
Witness Date
Attest:
Clerk
PERS-CON-702 (AMENDMENT)
(Rev. 6/88)
Resolution No. 15745
Page 6
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula
Vista, California, this 7th day of August, 1990 by the following vote:
AYES: Councilmembers: Moore, Nader, Cox
NOES: Councilmembers: None
ABSENT: Councilmembers: Malcolm, McCandliss
ABSTAIN: Councilmembers: None
ATTEST:
B6verly A, Aa~helet, City Clerl "
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Resolution No. 15745 was duly passed,
approved, and adopted by the City Council of the City of Chula Vista,
California, at a regular meeting of said City Council held on the 7th day of
August, 1990.
Executed this 7th day of August, 1990.
evefly A. .thetet,' 61% k