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HomeMy WebLinkAboutReso 1984-11701 RESOLUTION NO. 11701 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA OF INTENTION TO APPROVE AN AMENDMENT 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 2% @ 50 full formula (from 1/2 @ 55 full formula) for local safety members and Section 21263/21263.1 (Post- retirement survivor allowance) 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 City Council 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 ~A ;€Y. {; c7![J D. Goss, City Manager Charles R. Gill, Assistant City Attorney ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA. CALIFORNIA. this 10th day of Julv 19 84 . by the fOllowing vote, to-wit: AYES: Councilmen: Malcolm, Moore, McCandliss, Scott NAYES: Councilmen: None ABSTAIN: CoI.rK:ilmen : None ABSENT: Councilmen : Mayor Cox ATTEST /1,,4<<& ~ %';';''';f''- / / CIty C k , -/ V MAYOR PRO TEMPORE STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) s s . CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California. DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 11701 ,and that the same has not been amended or repealed. DATED {seal} City Clerk CC-660 - MpT g '. -~~,;: ,i~,,': ....~"':"'iJ:'-.~~-~ 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 Board of Adn.inistration, Public Employees I Retirement System, here- ~ inafter referred to as Board, and the governing body of above public ,gency~ hereinafter referred to as Public Agency, having entered into a contn ct ~f.gec- tive October 1, 194B, and witnessed August 31, 1948, and as amended e~f ~~ve October 1, 1951, No;ember 1, 1955, January 1, 1960, January 1, 19M, ~ ember 1, 1967, September 28, 1973, October 4, 1973, October 8, 1976, April,' ,1981, and January 8, 1982, which provides for participation of Public A~y in said System, Board and Public Agency hereby agree as follows: ~ , ~ A. Paragraphs 1 through 11 are hereby stricken from '!laid co~ct as executed effective January 8, 1982, and hereby replaced ty the .t'~lowing paragraphs numbered 1 through 12 inclusive: " '\J sv 1. All words and terms used herein which are dp~d in the Public Employ- ees' Retirement Law shall have the meaning ~d~fined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous members and age 50 for local safety me mbers. 2. Public Agency shall participate in the Public Employees' Retirement System from and after October 1, 1948 making its employees as here- inafter rrovided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as appcy only on election of a contracting agencj aLd are not provided foc herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. " 3. Employees of Public Agency in the following classes shall become mem- bers of sEid Retirement SysteM except such in each suc~ ~lBS5 as are excluded by 1 a\-: or this agrec'_Ent: a. Loc,.} Fire Fighters (hu",in referred to as local safe~y !llerlbers); b. Loc,,} Police Officers C,erein referred to as local safety meml.ers) ; (1) Locd Police Ofro :'~rs shall include individuals defined by Section 20020 of "ne Gcvernment Code prior to its 'amendment at the 1975-76 R~,ular Legisla~ive Session, effective January 1, 1976, ,mplcyed by Public Agency ~rior to such c.rnendrnent; ;(, //70/ ~\\ 10\ c. Employees other than local safety members (herein referred to as local miscellBneo~s 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 lor 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 andlor seasonal employees are ex- , , eluded from PERS membership subsequent to January 1, 1975. ~ The fraction of final compensation to be provided for each year~~ credited prior and current service as B local miSCellaneous#m r shall be determined in accordance with Section 21251.1.3 of Retirement Law (2S at age 60 Full). ~ ~~ be provided for ~~ year of a locd safety ~riiber shall be 21252.01 of S~-d Retirement <:,>() The following addi.tional proVJ.s10ns of the PUQ.~ Employees' Ret ire- ment Law, which a~ply only upon election of~~ontracting agency, shall apply to the Public Agency and its emp~oyees: 6. 7. The fraction of final compensation to credited prior and current service as determined in accordance with Section Law (2S at age 50 Full). 8. a. Sections 21380-21387 (1959 Survivors Program) excluding Se~tion 21382.2 (Increased 1959 Survivors benefits). b. Section 20862.0 (Unused sick leave credit). c. Section 2C020 ("Local Police Officers" shall include persc.ns assigned to ide,tification and co~munication duties in the Police Department who \lere not classifi"d as local safety members and who were in such employment on August 4, 1972, and who elected safety membership on or before September 28, 1973). d. Section 21222.85 (Special 3S-15f increase for, or on behalf of, those local miscellaneous and thc.,e local safety members who rE.~ired or diF.?G ~rior to ..:anuary '. 1974). e. Sections 21263/21263.1 (Post-retir~ment survivor allowance), for local safety mewbers only. 9. Public Agency, in accordance with ~ecti0n 20740, Government Code, ceased to be an "employer" for purpos,"s of Chapter 6 of the Public Employees' Retirement Law effective on October 8, 1976. Accumulated contributions of Public Agency as of the aforementioned date sholl be fixed and determined as provided in Section 20759, Government Code, and accumulated contributions as of the aforementioned date and con- tributions thereafter made shall be he:d by the Board as provided in Section 20759, Governrent Code. 2'..,,:..;-...~ \lW'":~.nl.'2".~.!~i:"~":' ~-~f__'.t.'.,:---_~~ --'.:!..~~:.:...LA,.~. -, - ~ ',.'- - . '.=..:.....o.-~~___~_c" ,. ., 10. Public Agency shall contribute to said Retirement System as follows: a. With respect to local ~iscellaneous members, the agency shall contribute the fOllowing percentages of monthly salaries earned as local miscellaneous members of said Retirement System: (1) 0.030 percent until June 30, 2000 on account or the lia- bility for prior service benefits. (Subject to annual change. ) (2) 10.868 percent untIl June 30, 2011 on bility for current service benefits. change. ) account of the lia- (Subject to annual b. " $' (3) 0.082 percent until June 30, 1996 on account of the 11a~ 0 bility for the benefits provided under Section 2~;'22.a...~f said Retirement Law. (Subject to annual change.)' .'J:/f!' , With respect to local safety members, the agency shalr~ntribute the following percentages of monthly salaries earned,~~ local safety members of said RE'Oirement System: "''\. . ,v (1) 26.014 percent until June 30, 2011 on accoQ}l: of the lia- bili ty for current SErvice benefits. (~b.Ject. to annual change. ) .;? ,~, June 30, 2011 on~account of .he 11a- S.rvivor Program. (Subject to annual (2) 0.026 percent until bility for the 1959 change. ) (3) 0.191 percent until Ju~e 30, 1996 on account of the lia- bilit)' for the benefits provided under Section 21222.85 of said Retirement Law. (Subject to annual chan ge. ) c. 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 ar,d valuations requirec: by law. d. A reasonable amount, as fixed by the Board, payable i.n one in- stallment as the occasions arise. to cover the costs of special valuations on occount of err;?loYE-~-:: 0: Public bgent'Y t 2r:j costs of the periodic investigation and VE~uEt.ions require( b~' lEw. 11. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendment,: tc' the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the pe~iodic investi ~at ion 2nd valuation required by said Retirement. Law. Pv~JI1()1 .-. ._-'....__._._~_.. .,.-" '.~,~_.- .' 12. Contributions required of Public 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 or as may be prescribed by Board regulation. If more' or less than the cor- rect amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances,.or adjust- ments on account of errors in contributions required of any employee may be made by direct cash payments between the employee"and the Board. Payments by Public Agency to Board may be made in the form of warrants, ba~k checks, bank drafts, certified checks, money orders or cash. B. This amendment shall be effective on the 19_. Witness our hands the day of BOARD OF ADMINISTRATION PUBLIC EHPLOYEES' RETIRSMENT SYSTEM BY SIDNEY C.' McCAUSLAND, EXECUTIVE OFFICER Approved as to form: cay of , It- $- . .19. 0 ',- ~ @- ~~ -$:- q.(j & D~ ,<::5 Of~r ~..';:; , CITY COUNCIL OF THE CITY OF CHULA VISTA . BY Presiding Attest: - \'Ct " : "',('0, \"" [, Margaret J. Hoehn, \... j'",- , , ( '('(' /:'-' ,... I i l/"y'-.i "'.~"': ' Date! Clerk R- L/7ol ~.\;::;;.""_~':t'.;t...':,~'i.-:~~<~.,,:';' .;,::;.!,;.:",! '!'~~::'~....'" ... -,. ........o:i---'= '......-" PERS CON-702 .