HomeMy WebLinkAboutReso 1990-15925 RESOLUTION NO. 15925
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AGREEMENT AUTHORIZING THE RELEASE OF 1959
SURVIVOR BENEFITS ASSETS AND LIABILITIES INTO THE THIRD
LEVEL 1959 SURVIVOR BENEFIT POOL 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:
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve an Agreement, known as document number C090-246,
authorizing the release of 1959 Survivor Benefits Assets and Liabilities into
the Third Level 1959 Survivor Benefit Pool between the Board of Administration
of the Public Employees Retirement System and the City Council of the City of
Chula Vista.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and
he is hereby authorized and directed to execute said agreement for and on
behalf of the City of Chula Vista.
Presented by Appr as to fo by
/
C
aard
Director of Personnel City Attorney
Resolution No. 15925
Page 2
~ TO CONTRACT
BETWI~.EN
BOARD OF ~INIS~ION
OF 'r~
P~LIC ~' ~I~ SYST~
co zn
CI~ OF ~u~ VISTA
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 56~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 thoset 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 Fiehters (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. 15925
Page 3
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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
~i~ Montgomery Fire Protection District, hereinafter referred to as
~PS' "Fo mer Agency". The accumulated contributions, assets and liability
r
~" for prior and current service under the Former Agency's contract shall
_ ..~--~ 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.
~J~ 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. Section 20862.8 (Credit for Unused Sick Leave).
Resolution No. 15925 --
Page 4
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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
local safety members only.
e. Section 20500 (Public Agency and its employees have agreed to
share the cost of the-~ollowing 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
)< L ~1382.4 (Third Level Of 1959 Survivor Benefits).
F~ ~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. 15925
Page 5
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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
, 19~__~·
BOARD OF ADMINISTRATION ~ CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT ~EM
~ OF THE
CHIEF, CONTRAC ~RVICES DIVISION Presiding Officer
~'~-
Witness Date~
Attest:
Ci~~
PERS-CON-702 (~ENDMENT)
(Rev. 6/88)-
Resolution No. 15925
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: Counci 1 members: Mal col m
ABSTAIN: Councilmembers: None
Ccx/,'M~yor~
ATTEST:
Beverly A/~Auth~let, 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. 15925 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.
Auth~let, City Clerk