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HomeMy WebLinkAboutReso 1980-10407 &H o---c:J 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and foregoing is a full, true and correct copy of RESOLUTION NO. 10407 ,and that the tlOme has not been amended or repealed.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 . /O{07 " " ~ ....,'.\ '" , ..... "" c~~""" ,..J' ; . ~~ ." \ t':::;::;' ..:,'~t~~' "" AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADHINISTRATION PUBLIC EHPLOYEES' RETIREHENT SYSTEH MID THE CITY COUNCIL OF THE CITY OF CHULA VISTA U~~Bn & " ..r:J" "\-".. 'j ", '("'- ,.~, \J '- -j"' , .>. ~.:'"... '\ .-'",.\, . ~, ......J '-'::" 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 ( 6<-[0 '7 1 .~, . \-:,' .. ,:.':',' ,."-1 ... \ ',,:'~' ~ '.' -;:,:,<",. ,....,,'4. (\.;.'.1 ,...,\ 'Y ~v 4. ,..f...) .<, 'j ~,' <..':;>...... :-,'",' " 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. (dLf07 -- - , ''::::\'' .,<;:;> "':'/1.)'" -~ ...(5' C;,,' '. ~f'J'" 9.. "'~ r., r~;-; ~ ..../ '. ..:....:... :~>...; v 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. I cJl/o 7 ..>~._- ._~.--.e._.._- ~ 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 ~' . , -.;-.......;~~ cy' f... BJ ....:;;.~-.. Pres.i.ding 0 fficep.::.>" .:~' Approved 2S to form~ ..::::.. .,(.~... ':-'j'- Attest: A, D "'- r, <:;)-' (., ,,~ ,"..-)J' vlert..~ , ., ~... P"RS CO"-702 [) /1 /I /; . 1..../ I I' j" /-) j' , /., '-, .J ':L,~.~L,~/z-' ':.::--;,', ~..~.::/r,).'yt,/ ':. '-' , tyn hin G. Eese~er, Leg21 Office, Date 1/ ,. ! o <.-{07 ._ __._, ~_"_""-L.__"_' .. '~ __~_,r-."'__ - PubllC Employee3' Retlrement System Post Office Box 1953 Sac~amento. CA 95309 .' 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) / Ocr 0 7 ~_ _~'".,~, _._ ___ _0J>"~.~,jjll,'''''~~-' (DC/.g 7 . . 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