HomeMy WebLinkAboutCC Res 4032 1991-04-22
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WHEREAS,
WHEREAS,
WHEREAS,
RESOLUTION NUMBER ~~
A RESOLUTION OF INTENTION OF THE CITY OF
SEAL BEACH 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.
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
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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
the following is a statement of the proposed
change:
To provide Section' 20862.8 (Credit for Unused
Sick Leave) and Section 21382.4 (Third Level
of 1959 Survivor Benefits) for local police
members only.
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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.
the City Council of the City
regular meeting thereof held
, 1991, by the following
(
of seal~' Califo
on the day of
vote:
AYES: Councilmembers
NOES:
ABSENT :
ATTEST:
Councilmembers:
Councilmembers:
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Mayor ProTem '
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Resolution Number ~~~
STATE OF CALIFORNIA)
COUNTY OF ORANGE )SS
CITY OF SEAL BEACH )
. \
I, Joanne M. Yeo, City Clerk of Seal Beach, California, do hereby
certify that the for oin resolution is the original copy of
Resolution Number on file in the office of the City
Clerk, passed, app oved and adopted by the City Council of the
City~qt Seal Beach, a~egular meeting thereof held on the
~ day of ~ ' 1991.
Resolution Number 4I'~.z
AGRBBMBIl'l'
ADTBORIZIIIG 'l'BB RELEASE OF
1959 SURVIVOR BBHBPITS ASSETS AND LIABILITIES
IH'l'O 'l'BB
THIRD LBVBL 1959 SURVIVOR BBNBPIT POOL
BB'l'lII5UI 'l'BB
BOARD OF AIlIIINIS'l'RATIOH
OF 'l'BB
PUBLIC BMPLOYBBS' RB'l'IRBMBN'l' SYSTBM
AND 'l'BB
CITY COOHCIL
OF 'l'BB
CITY OF SEAL BBACB
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WHEREAS. the City Council of the City of Seal Beach has adopted a Resolution of
Intention to include in its contract with the Board of Administration,
Public Employees' Retirement System, pursuant to Government Code
Sections 21380-21387, including Government Code Section 21382.4, the
Third Level of 1959 Survivor Benefits for local police members only;
and
WHEREAS, Government Code Section 21382.4, requires all assets and liabilities
of all contracting agencies subject to this section, and their
employees who are covered by this section, to be pooled into a single
account;
Accumulated and/or future contributions required of the City of Seal
Beach and its covered employees are to be released, pursuant to the
provisions of Government Code Section 21382.4, to a single account
referred to herein as the Third Level 1959 Survivor Benefits Pool.
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NOW THEREFORE BE IT AGREED:
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
CITY COUNCIL
OF THE
CITY OF SEAL BEACH
CHIEF, CONTRACT SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
~dr-Lrdri-
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BY
BY
Presiding Officer
~,. ~_ /', iff I
COSOS (Rev. 4/89)
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Resolution Number
d3:t.
* * *
COP Y
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,.. 'S~3~' PUBLIC
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9~~~'t. \P
AMEHIlKEIl'r TO COH'l'RAC'r
BB'rWBEIl 'l'BB
BOARD OF ~NIS'l'RATION
OF TIlB
BMPLOYEBS . RB'l'IRBMBIl'l'
AND TIlB
CITY COONCIL
OF 'l'BB
CITY OF SEAL BKllCB
SYS"l'BM
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The Board of Administration, Public Employees' Retirement System, hereinafter
referred to as Board, and the governing body of above public agency,
hereinafter referred to as Public Agency, having entered into a contract
effective June 1, 1958, and witnessed April 28, 1958, and as amended effective
August 1, 1968, July 1, 1972, May 16, 1973, October 12, 1977, July 4, 1979,
August 13, 1980, September 17, 1986 and July 22, 1987, which provides for
participation of Public Agency in said System, Board and Public Agency hereby
agree as follows:
A. Paragraphs 1 through 11 are hereby stricken from said contract as executed
effective July 22, 1987, and hereby replaced by the following paragraphs
numbered 1 through 12 inclusive:
1. All words and terms used herein which are defined in the Public
Employees' Retirement Law shall have the meaning as defined therein
unless otherwise specifically provided. "Normal retirement age"
shall mean age 60 for local miscellaneous members and age 50 for local
safety members.
2.
Public Agency shall participate in the Public Employees' Retirement
System from and after June 1, 1958 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 a contracting agency and are not provided for 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.
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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 agreement:
a. 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 referred to as
local miscellaneous 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:
a. PERSONS COMPENSATED ON AN HOURLY BASIS
HIRED AUGUST 1, 1968 OR APTBR.
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s.
The percentage of final compensation to be provided for local
miscellaneous members for each year of credited prior and current
service shall be determined in accordance with Section 21251.13 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 included in Federal Social Security (2\
at age 60 Full and Modified).
6. The percentage 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 21252.01 of said Retirement Law
(2\ at age 50 Full).
Resolution Number ~~
7. Public Agency elected 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 lifeguards, local
miscellaneous and local fire members only.
c.
Sections 21263, 21263.1 and 21263.3 (Post-Retirement Survivor
Allowance).
Section 21222.1 (Special 5\ Increase - 1970). Legislation
repealed said Section effective January 1, 1980.
Section 20024.2 (One-Year Final Compensation).
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b.
d.
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
lifeguards of a city as des~ribed 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.
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 contributions of Public Agency shall be
fixed and determined as provided in Government Code Section 20759, and
accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20759.
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9.
Public Agency shall contribute to said Retirement System the
contributions determined by actuarial valuations of prior and future
service liability with respect to local miscellaneous and local safety
members of said Retirement System.
10. Public Agency shall also contribute to said Retirement System as
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 addition, all assets and liabilities of Public
Agency and its employees shall be pooled in a single account,
based on term insurance rates, for survivors of all local police
members.
b. 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 and valuations required by law.
c.
A reasonable amount, as fixed by the Board, payable in one in-
stallment as the occasions 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 law.
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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 as determined by the periOdic investigation and
valuation required by said Retirement Law.
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12.
BY
PERS-CON-702 (AMENDMENT)
(Rev. 3/91)
Resolution Number ~~~
CITY COUNCIL
OF THE
CITY OF SEAL
BEACH
Contributions required 'of Public Agency and its employees shall be
paid by Public Agency to the Retirement System within fifteen days
after the end of the period to which said contributions refer or as
may be prescribed by Boarp 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.
Adjustments on account of errors in contributions required of any
employee may be made b~ direct payments between the employee and the
Board. b
B. This amendment shall be e~ctive on the
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BOARD OF ADMINISTRATION ~
PUBLIC EMPLOYEES' RETIRE~ SYSTEM
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CHIEF, CONTRACT ~VICES DIVISION
PUBLIC EMPLOYEE~RETIREMENT SYSTEM
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BY
Presiding Officer
Attest:
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