HomeMy WebLinkAboutReso 1980-10407
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RESOLUTION NO.
10407
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 penni ts 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
WHEREAS, the following is a statement of the proposed
change:
To provide Section 21222.85 (One Time 3% - 15% Increase
to pre 1-1-74 Retirees).
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby give notice of its intention
to approve an amendment to the contract between the City of Chula
Vista and the Board of Administration of the Public Employees'
Reitrement System, a copy of said amendment being attached hereto,
as an Exhibit and by this reference made a part hereof.
BE IT FURTHER RESOLVED that the sum of $3,020 be, and the
same is hereby appropriated from the unappropriated balance of the
General Fund.
Presented by
Approved as to form by
d~~~~~
Grant
~
orney
George D.
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHlLA VISTA, CALIFORNIA, this
3rd
day of
March
19'11 1
, by the following vote, to-wit:
AYES:
NAYES:
ABSTAIN:
ABSENT:
Councilmen
McCandliss, Scott, Hyde. Cox
Councilmen
Col.rlCilmen
Councilmen
None
None
Gillow
wJLQ/(:{~
Mayor of the City of Chulo Vista
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) 55.
CITY OF CHULA VISTA )
I, JENNE M. FULASZ, CMt, 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. 10407
,and that the tlOme has not been amended or repealed.
DATED
City Clerk
{seal!
CC-660 .
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AMENDMENT TO CONTRACT BETWEEN THE
BOARD OF ADHINISTRATION
PUBLIC EHPLOYEES' RETIREHENT SYSTEH
MID THE
CITY COUNCIL
OF THE
CITY OF CHULA VISTA
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The Eoard of Administration, Public Employees' Retirement System, herein-
after 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, Septem-
ber 1, 1967, September 28, 1973, October 4, 1973 and October 8, 1976, which
provides for participation of Public Agency in said System, Board and Public
Agency hereby agree as follows:
A. Paragraphs 1 through 9 are hereby stricken from said contract 28 executed
effecti ve October 4, 1973, and hereby replaced by the follO\;ing paragraphs
numbered 1 through 11 inclusive:
1. All words and terms used herein which are defined in the Public
Employees' Retirement Law shall have the meRning as defined therein
unless othe:n.rise specifically provided. "No:'mal retirement 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 it~ employees as
r.ereinafter provided, members of said System subject to all provisions
of the Public Smployees' Retiremen t Law except such as apply only on
election of a contracting agency and al'e not provided for herein and
to all amendments to said La~ hereafter enacted except such as by
express provisions thereof apply only on the election of contracting
agencies.
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 Im.,.,- or this ag:!.""€cment:
a. Locnl Fir'cmen (he:-ein referred to as local safety members);
b. Local Policemen (herein referred to 38 locnl safety members);
c.
Emnlovces other than locnl snfotv members (llereirl referred to RS
lo~,~l~ misccllaneoun membenJ). ~
In :.lddi tior! to the cl.'1:Jsr:s of emplo:/8Gs r.xc1.uded. f:'om ffi8mbership by
said Retirement Law, the following cJ.~sGes of employees shnll not
become members of sDid Retirement Syste~:
NO" ADDITIOllAL EXCLUSIOI:S
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After October 4,1973, and prior to J!1nuary 1,1975, those
members who were hired by Public ~gency on a temporRry and/or
seasonal basis not to exceed 6 months ~ere excluded from PERS
membe:::shi.p by contract. Government Code Section 20336 supersedes
this cont~uct provision by providing that Rny such temporary and/or
seasonal employees are excluded from PERS memteI"ship subsequent to
January 1,1975.
5. The fraction of fir.al compe~sa tion 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).
6. The fraction of final compensation to be provined for each year of
credited prior and current service as a local Gafety member shall be
deternined in accorcance with Section 21252.1 of said Retirement Law
(One-half pay at age 55).
7. rI'he following addi tiona1 provisi.ons of the Public Employees' Rp.tire-
ment Law which apply only upon election of a contracting agency shall
apply to the Public Age~cy end its employees:
a. Section 20952.5 (Age 50 voluntary retirement) for local safety
members 0!11y.
b. Sectio!1s 21380-2132.8. (1959 Survivors Progrmn), excluding Section
21382.2 (Increased 1959 Survivors benefits).
c. Scctio~ 20020 ("Local Policeme~" shall include persons assigned
to identification and co~munication duties in the Police Depart-
ment who are not no~ local safety membe~s and who were in such
employment on August 4, 1972, ~ho elect safety membership on or
before September 23, 1973.
d. 'Section 20862.8 (Unused sick leave credit).
e. Section 21222.85 (Special 3%-15% increase to pre-1-1-7J l"etirees).
8. Public Agency, in accordance with Section 20740, Government Code,
cCD-sed to be an "employer" for purposes of Ch~pter 6 of thp. Public
Employees' Heti!"ement LQW effective on October 8, 1976. Accumulated
contribu ti.on~ of Public Agency as of the .:::!.forementionec. d.::te ~hC111 be
fixed nnd determined AS provided in Section 20759, Government Code,
nnd nccumulntcd contributioIIS as of the aforementioned date anrt
contribution.:; thereafter ffinde sn.:ll.l be held by the :3o<1'Y'd ~1S pr'ovided
in Sectiofl 20"759, Govarrlment Corle.
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Public Agency shall contribute to said Retirement System as follows:
a. \h th respect to miscellaneous members, the agency shall con-
tribute the follo~ing percentages of monthly salaries earned as
miscellaneous members of said Retirement System:
(1) 0.038 percent until June 30, 2000 on account of the
liability for prior service benefits.
(2) 11.028 percent on account of the liability for current
service be~efits.
(3) 0.125 percent on account of the liability for the 1959
Survi vor Program.
b. Wi th respect to local safety members, the agency shall contri bu te
the followine percentnges of monthly salaries earnen as local
safety mombers of suid Retirement System:
(1) 14.128 percent on account of the liability for current
ser'vice benefits.
(2) 0.012 percent on 3ccount of the li~bility for the 1959
Survivor P~ogram.
c. A reasonable amount per ennuII'., AS fixed by thF.! BO-'J.rd to cover the
costs of administering said System 38 it affects the employees of
Public Acency, ~ot in~luding the Gost~ of ~pecial valuDtionn or
of the periodic in'lestig2tion nnd valuutions reC).uired. by lo.w.
d. A Y"8osonoblC' ,'lm01:nt 0.8 fixed by the Board, p.:lynble in one in:.tall-
ment as the Occ3slons arise, to cover the costs of special valua-
tions on account of employeen of Public Agency, and cos.ts of the
periodic inve~3tigation and valuations required by lnw.
10. Contributions reC).uired of Public Agency 2nd its employees shall he
subject -1.;0 adjust:ncnt b:! 3oG!'d on account of c.mendments to the Public
Employees' Re-l.:i!'ement La~v 1 and on account of the experience under the
Retirement ~ystem as determiner} by tlle periodic investigation anrt
vHlu,.ltion req,-,ired by s<1id Retirement TJt1.w.
11. Contributions requi:-cd of Public A{~enGY ~Hl(l its 8mplo.ycus shall be
paid by ?ublic :\gency to the Reti:'cment System within thirty day;;;
after the end of the period to which soid contr"ibutions refer or as
f,1;:y be prescribed by Bonro reguln.tion. If more 0; leGS th.:1n the
correct amount of contribu tions is paid for o.l1Y :fleriod. proper
acjustment srwll be [i',,'1c1e in connection 'dith f)ubsCClUt~nt :"emittanccs. or
adjustments on account of errors in corltributions required of any
employee !':lay be ~,'1de by, direct cClGh p~lyments betiorccn the employee [lnd
the B08re!. Pnyments by Pllblic Agency to Boar'd m:IY b~ made in the form
of warr!tnts, b~nk checkR, bank drofts. certified c}lecks, money ord~rs
or cash.
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B. This amendment shall be attached to said contract and shall be effective on
the day of 19
Witness our hands the
day of
.19_
BOARD OF ADnnISTRATIOll
PUBLIC Ei'rPLOYEES' RETIRE1'1!'~NT SYSTSM
CITY COUNCIL
OF THE
CITY OF CHULA
VISTA
BY
Carl J. Blechinge~, Executive Officer
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tyn hin G. Eese~er, Leg21 Office, Date
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PubllC Employee3' Retlrement System
Post Office Box 1953
Sac~amento. CA 95309
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CERTIFICATION OF CO~1PLIANCE WITH
GOVERNMENT CODE SECTION 7507
I hereby certify that in acco.dance with Section 7507 of the Government
Code the future annual costs as determined by the System Actuary nave been
made pUblic at a public meeting by the
CITY COUNCIL
(governing body)
at least two weeks prior to
of
CITY OF CHULA VISTA, CALIFORNIA
(public agency)
of the increase in public .etirement plan
the adoption
benefits as provided by Section
(optlonal benefit)
Date:
March 5, 1981
U~n::CgL~ .
Mayor of Chu1a Vista, CA
official title
PERS-CON-12A (1/80)
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CERTIFICATION OF GOVERNING BODY'S ACTION
I hereby certify that the foregoing is a true and correct copy
of a Resolution adopted by the
CITY COUNCIL
(Governing Body)
of the
CITY OF CHULA VISTA, CALIFORNIA
(Name of Public Agency)
on
MARCH 3, 1981
(Date)
, appearing at Page 2
Volume
of the (Minutes) {~FFitiaF~"~ of the
CITY COUNCIL
(Governing Body)
,
PER~-CON-12
( 11/77)
Form No. F-229
12/73
CERTIFICATE OF CITY/DIRECTOR OF FINANCE
Certification of Unappropriated Balance
I HEREBY CERTIFY that the money required for the
appropriation of funds for the purpose set forth in the attached
resolution is available in the Treasury, or is anticipated to
come into the Treasury, and is otherwise unappropriated.
Certification of Unencumbered Balance
I HEREBY CERTIFY that the indebtedness and obligation
to be incurred by the contract or agreement authorized by the
attached resolution can be incurred without the violation of any
of the provisions of the Charter of the city of Chula Vista, or
the Constitution or the laws of the State of California, that
sufficient monies have been appropriated for the purpose of said
contract, that sufficient monies to meet the obligations of the
contract are actually in the Treasury, or are anticipated to come
into the Treasury to the credit of the appropriation from which
the sarne are to be drawn, and that said monies now actually in
the Treasury, together with the monies anticipated to come into
the Treasury, to the credit of said appropriation are otherwise
unencumbered.
Amount Not to Exceed $
Director of Finance
The City of Chula Vista
Date
By
Fund
Dept./Activity
Purpose
Bidder
Certificate No. 40
10467