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HomeMy WebLinkAboutReso 1990-15924 RESOLUTION NO. 15924 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 hotly 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-Year Final Compensation) and Section 21382.4 (Third Level of 1959 Survivor Benefits) for local miscellaneous 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 said governing body and the Board of Administration of the Public Employees' Retirement System, known as document number C090-247, a copy of which said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof. aito b~ Presented by Appro Boogaar Director of Personnel City Attorney Resolution No. 15924 -- Page 2 * * * 0 0 P Y * * * The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of above public agency, hereinafter 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, September 28, 1984, July 3, 1987, October 13, 1989, September 27, 1990 and November 16, 1990, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 14 are hereby stricken from said contract as executed effective November 16, 1990, and hereby replaced by the following paragraphs numbered 1 through 14 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 age 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 a 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 contract- ing 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 agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as local miscellaneous members). Resolution No. 15924 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: NO ADDITIONAL EXCLUSIONS 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. '.~ 6. 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 ~C3 for prior and current service under the Former Agency's contract shall _ j'~ be merged pursuant to Section 20567.1 of the Government Code, ~C) 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 forme~':employees of the Montgomery Fire Protection District. 7. The fraction of final compensation to be provided for each year ofI 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. Section 20862.8 (Credit for Unused Sick Leave). Resolution No. 15924 -- Page 4 *** COPY *** b. 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). c. 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. ~ d. Sections 21263/21263.1 (Post-Retirement Survivor Allowance) for 3~ local safety members only. e. 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.  f. Sections 21380 - 21387 (1959 Survivor Benefits) including Section )~ ~ ~1~82.4 (Third Level of 1959 Survivor Benefits). ~ FX ~g. Section 20024.2 (One-Year Final Compensation). 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. 11. Public Agency shall contribute 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 miscel- laneous members and local safety members. Resolution No. 15924 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 effective on the day of · 1~--~~° BOARD OF ADMINISTRATION ¢'~ ~¢~ CITY COUNCIL Witness Date~~9' Attest: PERS-CON-702 (Rev. 6/88)- Resolution No. 15924 Page 6 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 13th day of November, 1990 by the following vote: AYES: Councilmembers: McCandliss, Moore, Nader, Cox NOES: Councilmembers: None ABSENT: Councilmembers: Malcolm ABSTAIN: Councilmembers: None Grego~Cox,' re Mayor ATTEST: Authelet, City Clerk 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. 15924 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 13th day of November, 1990. Executed this 13th day of November, 1990. ~theiet, City ClerkB