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Home My WebLink AboutCC Res 4326 1994-07-25 I I I .' .~ RESOLUTION NUMBER $~t::, A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF SEAL BEACH WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide Section 208]8 (Two-Years Additional Service Credit) for local miscellaneous members only. NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency does hereby give notice of intention to approve an amendment to the contract between the said governing body and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof.. AYES: PASSED, APPROVED AND ADOPTIID Py the City Council 0 the City of Seal Beach, at a meeting thereof, held on the e:;R~~ day of ]994, by the following vote: NOES: ABSENT: ~~ ATTEST: ..........~\,'CI.\\\\ ~o~ SEAL (J \\\11 ;..1 ....... t".. t, ~- .........--:.0..0'4... ~(' 'i (} .- ,+ '1';-0 'So ~ ;it · . "tj ~..: ~':.-l<~ ~ . . ~ ~ 0 : : <~ ~,o~o (i!-~ '"PD.r:. .....~::; ~//1-., o;.~~r, 27. \q~~..""'",o.ff I. (' .......... .....'" _ '111\\ OUNt'i' .c.,;;;:-~ \\\\\\,--~-.$' Resolution Number ~~ STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Joanne M. Yeo, City Clerk of Seal Beach, CalifOrnif~erebY certifY that the foregoing resolution is the original copy of Resolution Nu~~ C, on file in the office of the City Clerk, passed, approved and ad.o.Bt~ by the Cfty Co~ncil of the City of Seal Beach, at a regular meeting thereof held on the ~~ l.- day of /~.lJf . ]994. I PUBLIC EMPLOYEES' RETIREMENT SYSTEM Public Agency Contract Services Contract Services Division - Section 220 Post Office Box 942709 Sacramento, CA 94229-2709 I 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 of the City of Seal Beach on Monday, July 25, 1994. I I I I Resolution Number ~.u ~Si Do AMENDMENT TO CONTRACT 4'0, .stG BETWEEN THE ~ " BOARD OF ADMINISTRATION tt'/f/Pho OF 11IE ""r I"t. . PVBUC EMPLOYEFS' RETIREMENT SYSI'EM Vf'/lJt1r AND THE CITY COUNCIL OF THE CITY OF SEAL BEACH The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board, IIId the goveming body of above public agency, hereinafter referred to as Public Agency, having entered into a COJIttact effective June 1, 1951, IIId witnessed April 21, 19SI, IIId as amended effective August I, 1968, July I, 1972, May 16, 1973, October 12, 1977, July 4, 1979, August 13, 1980, September 17, 1986, July 22, 1917111d July I I, 1991, which provides for participation of Public Agency in said System, Board IIId Public Agency hereby agree as follows: A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective July 11, 1991, IIId hereby replaced by the following paragraphs numbered 1 through 12 inclusive: 1. All words IIId terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otIIerwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous members IIId age SO for local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after June I, 19S1 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 1 contracting agency IIId are DOt provided for herein IIId to all amendments to laid 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 members of said Retirement System except such in each such class as are excluded by law or this .,..eemem: I. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members). c. Ocean Beach Lifeguards (included as local safety members); d. Employees other than local safety members (herein refeu ed to as local miscellaneous members). 4. In addition to the classes of employees excluded from membership by laid Retirement Law, the followiq classes of employees shall DOt become members of laid Retirement System: .. PERSONS COMPENSATED ON AN HOURLY BASIS HIRED AUGusr I, lK11 OR AFI'ER. The percemaae of fiDaI compeIISation to be provided for local miscellaneous members for lIIIdI year of aedited prior IIId CIII'teIIt service shall be determined in accordance with Section 212S1.13 of said Retirement Law, subject to the reduction provided therein for service prior to June 30, 1972, termination of SocIal Security, for members whose service has been iDc1uded in Federal Social Security (2" Illle 60 Fullllld Modified). 5. 6. The percentage of fiDaI compensation to be provided for each year of credited prior IIId CIII'teIIt service as 1 local safety member shall be determined in accordance with Section 21252.01 of said Retirement Law (2" Illle 50 Full). Resolution Number ~::Zb 7. Public Agency eJected to be subject to the following optional provisions: a. Sections 21380-21387 (1959 Survivor Benefits) excluding Section 21382.2 (Increased 1959 Survivor Benefits) and Section 21382.4 (Third Level of 1959 Survivor Benefits) for ocean beach lifeguards, local miscellaneous and local fire members only. b. SectioDS 21263, 21263.1 and 21263.3 (Post-Retirement Survivor Allowance). Section 21222.1 (Special 5\1li Increase - 1970). Legislation repealed said Section effective January I, 1980. d. Section 20024.2 (One-Year Final Compensation). I c. e. Section 20862.8 (Credit for Unused Sick Leave) for local miscellaneous and local police members only. f. Section 20930.3 (Military Service Credit as Public Service), Statutes of 1976. g. Section 20019.3 ("Local Safety Member" shall include ocean beach lifeauards of a city as described in Government Code Section 20019.3). h. Sections 21380-21387 (1959 Survivor Benefits) including Section 21382.4 (Third Level of 1959 Survivor Benefits) for local police members only. 8. i. Section 20818 (Two-Years Additional Service Credit) for local miscellaneous members only. Public Agency, in accordance with Government Code Section 20740, ceased to be an "employer" for purposes of Section 20759 effective on October 12, 1977. Accumulated c:ontributioDS of Public Agency shall be fixed and determined as provided in Government Code Section 20759, and accumulated contributioDS thereafter shall be held by the Board 18 provided in Government Code Section 20759. I 9. Public Agency shall contribute to saId Retirement System the contributions determined by actuarial valuatioDS of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 10. Public Agency shall also contribute to said Retirement System 18 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 ldcIition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivon of a1lloca1 police members. b. A reasonable amount, 18 fixed by the Board, payable in one installment within 60 clays of cIate of contract to cover the costs of administering said System 18 it aft'ec:ts the employees of Public Agency, DOt including the costs of special valuatioDS or of the periodIc investi&atioD and valuations required by law. A reasonable amount, 18 fixed by the Board, payable in one installment 18 the Ol:CISioDS 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 ]aw. c. I 11. 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 18 determined by the periodic investiption and valuation required by said Retirement Law. I I I Resolution Number ~~ Contributions required of Public Agency and its employees shall be paid by Public A1ency to tile Retirement System witllin fifteen days after tile end of tile period to which lIIid contributions refer or 15 may be prescribed by Board regulation. If more or less dIaD tile correct amount of contributions is paid for any period, proper adjustment shall be made iD collllllCtion witll subsequent remittances. Adjustments on aCcount of errors iD contributions;:'red of any employee may be made by direct payments between tile employee and tile d. This llllelldment 11 be effective on tile day of ~~ ,19_. t BOARD OF ADMINJ nON CITY COUNCIL # PIlB1JC ENPLO no MENr SYSTEM OF 1HE .",k ~ ~ CITY OF SEAL BEA~ BY ~ Presiding .p WitD'1:J, rQ A~ 12. B. CT SERVICES DMSION LOYEES' RETIREMENT SYSTEM Clerk PERS-CON.702 (AMENDMENT) (Rev. 1/92)