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HomeMy WebLinkAboutReso 1981-10689 RESOLUTION NO. 10689 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA OF INTENTION TO APPROVE AN AMENIMENT TO CONTRACT BETWEF~ 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 legislative 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 change: WHEREAS, the following is a statement of the proposed To provide Sections 21263/21263.1 (Post-retirement survivor allowance), for local police members NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby given 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 ~~7<<d~ Gordon K. Grant, Director of Finance ~~ <;. J' George D. Lindberg, Ci y Attorney ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHlJ.A VISTA, CALIFORNIA, this 10th 19'91 1 , by the following vote, to-wit: day of November AYES: ClUlCilmen Cox, Gillow, McCandliss, Scott NAYES: Counc:ifmen None ABSTAIN: CoI.rlci/men None ABSENT: Councilmen None I " Il~ .. , . I . . I. City of ChuIa Vista AT~~~"6 1;JrJt;~ /' CIty Clerk . v STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) $S. CITY OF CHULA VISTA ) /, JENNE 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above and foregoing is a full, true and correct copy of Resolution No. 10689 ,and that the same has not been amended or repealed. DATED ( seal) City Clerk CC-660 Gl..,<,C"; Return To: r l......:~-J"" Jennie M.' FulasZ; City Clerk P. o. B';x 1087 Chula Vista, California 92012 Ev II F:Hl. J\-lhlJI A AMENDMENT TO CONTRACT llE'1'WEEN THE BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEl{ AND THE CITY COUNCIL OF THE CITY OF CHULA VISTA The Board of Administration, Public Employees' Retirement System, herein- efter referred to as Board, and the governing body of above public agency, hereinafter referred to as Public Agency, having entered into a contract under date of August 31, 1948, effective October 1. 1948, and as amended effective October 1, 1951, November 1, 1955, January 1, 1960, January 1, 1961, September 1,1967, September 28, 197~, October 4,1973, October 8,1976 and April 16, 1981, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree 8S follows: A. Paragraphs 1 through 11 are hereby stricken from said contract aa e~ecuted effective April 16,1981, and hereby replaced by the following paragraphs numbered 1 through 11 inclusive: 1. All worda and terms used herein which are defined in the Public Employeea' Retirement Law ahall have the meaning as defined therein unless otherwise specifically provided. "Normal retiremenL age" shall mean age 60 for local miscellaneous and age 55 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 ell provisiona 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 such as by express provisions thereof apply only on the election of contracting Rgencies. 3. Employees of Public Agency in the following classes shall become members of said Retirement Syatem except such in each such class as are excluded by law or this agreement: a. Local Firemen (herein referred to as local safety members); b. Local Policemen (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as local miscellaneous members). In addition to the classes of employees excluded from membership by said Retirement Law, the following ~lasses of employees shall not become members of said Retirement Sy.stem: NO ADDITIONAL EXCLUSIONS 0-1956 R.-lo6fj 4. After October 4, 1970, and prior to January " 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 th~t any such temporary and/or seasonal ~ployees are excluded from PERS membership subsequent to January " 1975. 5. The fraction of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shell be determined in accordance with Section 21251.13 of said Retirement Law (2% at age 60 Full). 6. 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 21252.1 of said Retirement Law (One-half pay at age 55). 7. The following additional provisions of the Public Employees' Retire- ment Law which apply only upon election of a cOntracting agency shall apply to the Public Agency and its employees: a. Section 20952.5 (Age 50 voluntary retirement) for local safety members only. b. Sections 21380-21387, (1959 Survivors Program), excluding Section 21382.2 (Increased 1959 Survivors benefits). c. Section 20020 ("10cal Policemen" shall include persons assigned to identification and communication duties in the Police Depart- ment who are not nOW local safety members and who were in such employment on August 4, 1972, who elect safety membership on or before September 28, 1973). d. Section 20862.8 (Unused sick leave credit). e. Section 21222.85 (Special 31,-15~ increase to pre-1-1-74 retirees). f. Sections 2126;/2126;.1 (Post-retirement survivor allowance), for loc~l police members. 8. Public Agency, in Accordance with Section 20740, Government Code, ceased to be an "employer" for purposes of Chapter 6 of the Public Employees' Retirement Law effective on October 8, 1976. Accumulated contributions of Public Agency as of the eforementioned date shall be fixed end determined as provided in Section 20759, Government Code, and accumulated contributions as of the aforementioned date and contributions thereafter made shall be held by the Board aa provided in Section 20759, Government Code. I' "'It ~, j:: t , /~o6?~ G. Public Agency shall contribute to said Retiremen.t System as follows: a. With respect to miscellaneous members, the agency shall con- tribute the following percentages of monthly salaries earned as miscellaneous members of said Retirement System: (1) 0.046 percent until June 30, 2000 On account of the liability for prior service benefits. (2) 11.479 percent on account of the 11ab11i ty for current service benefits. (3) 0.281 percent on account of the liability for the 1959 Survivor Program. b. With respect to local safety members, the agency shall contribute the fOllowinR percentages of monthly salaries earned as local safety members of said Retirement System: (1) 11.040 percent on account of the liability for current service benefits. c. A reasonable amount pe~ annum, as fixed by the Boerd to cover the costs of Ildministering 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 lew. d. A reasonable amount as fixed by the Board, payable in one install- ment as the occasions arise, to cover the coate of special valua- tions on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 10. Contributions required of Public Agency and ita 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. 11. Contributions required of Public Agency and its employeea 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 correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances, or adjustments 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, bank checks, bank drafts, certified checka, money orders or cash. ' , /<-f06P,/ B. This ome~dment shall be attached to said contract and shall be effective on the 8th day of January . 1982. Witness our hands the 8th day of December . 19~. BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY COUNCIL OF THE CITY OF CHULA VISTA BY ,j, Ie Officer Preaid' ficer Approved as to form: Attest: f)~#hr Cler ~-6:::: PERS CON-702 C . ' " , I? -( 0 6 J> 7'