HomeMy WebLinkAboutCC Res 3611 1986-06-23
RESOLUTION NUMBER !J hl/
RESOLUTION OF INTENTION
TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN TIlE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF TIlE
CITY OF SEAL BEACH
I
WHEREAS, the Public Employees' Retirement Law permits the participation of pub-
lic agencies and their employees in the Public Emp~oyees' 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 adop-
tion by the governing body of the public agency of a resolution giv-
ing 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 20019.3 (Reclassification of
Certain Local Miscellaneous Employees to the
Safety Member Status of Lifeguards).
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 Adminb-
tration of the Public Employees' Retirement System, a copy of said
amendment being attached hereto, as an "Exhibit" and by this reference I
made a part hereof.
1I,q~/O
(TITLE)
Ret. Form 122
C0302
STATE OF CALIFORNIA)
COUNTY OF ORANGE" ) SS
CITY OF SEAL BEACH)
I, Joanne H. Yeo, City Clerk of the City of Seal Beach, California, do
hereby certify that the foregoing resolution Is the original copy of
Resolution Number :11l11 on file In the office of the City Clerk,
d, approved and adopted by the City Council of the City of Seal
eac at a regular meeting thereof held on the 02:JJiL day of
, 1986.
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Resolution Number ~&;II
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AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF AllMINISTIlATION
OF THE
EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF SEAL BEACH
I
The boar~ uf Administration, P~Jlic twploye~s' Retirement System, hereinafter
referred to I:S Board, and the governing body of above public ag~ncy, herein-
after 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 and August 13,
1980, which provides. for participation of Public Agency in said System, Board
and Public Agency hereby agree as follows:
A. Paragraphs 1 through 10 are hereby stricken from said contract as executed
effective August 13, 1980, snd hereby replaced by the following 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 meaning as defined therein
unless otherwise specifically provided. "Normal retirement age"
shall mean age 60 for local miscellaneous members and age 50 for
oeal 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 &gency and are not provided for herein and to &11
amendments to said Law hereafter enacted except those, which by
express provisions thereof, apply only on the election of a contracting
agency.
3. Elnployees of Public Agency in the following classes shaii be"come'
members of said Retirement System except such in each such class as
.
are excluded by law or this agreement:
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a. Local Fire Fighters (herein referred to I:S local safety members);
b. Local Police Officers (herein referred to as local safety
members); . . .
c. 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 AFTER.
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5.
The fraction of final compensstion to be provided for each year of
credited prior and current service as a local miscellaneous member
shsll be determined in accordance with Section 21251.13 of said
Retirement Law with all service prior to Federal Social Secur~'"
terminetion June 30, 1972, subject to the reduction provided by
said section (2~ at age 60 Full and Modified).
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 21252.01 of said Retirement Law
(2S at age 50 Full).
Resolution Number 3'11
7. The following Eddi tional provisions of the Public Employees'
Retirement Law, which apply only upon election of a contracting
agency, shall apply to the Public Agency and its employees:
a. Sections 21380 - 21387 (1959 Survivor Program) excluding Section
21382.2 (Increased 1959 Survivor Benefits) and Section 21382.4
(Third Level of 1959 Survivor Benefits).
b.
Sections 21263, 21263.1 and 21263..3 (Post-Retirement Survi/or
Allowance) .
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c.
Section 21222.1 (Special 51 Increase - 1970). Legislation
repealed said Section effective January 1, 1980.
d. Section 20024.2 (One-Year Final Compensation), for local
miscellaneous members.
e. Section 20862.8 (Unused Sick Leave Credit), for local miscel-
laneous members.
f. Section 20930.3 (Military Service Credit), a! defined in
Chapter 830, Statutes of 1976.
g. Section 20019.3 ("Local Safety Member" shall include city
lifeguards as described in Government Code Section 20019.3).
8. FUblic 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.
9.
FUblic Agency shall contribute to said ~etirement System as follows:
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a. With respect to local miscellaneous members, the agency shall
contribute the following percentages of salaries earned as
members of said Retirement System:
(1) 0.961 percent until June 30, 2000 on account of the lia-
bility for prior service benefits. (Subject to annual
change.)
(2) 8.800 percent until June 30, 2011 on account of the lia-
"ility !'or cu. -ent f rviCt benefi~. (~:>jec. to annual
change. ,
b. With respect to local safety members, the agency shall contribute
the following. percentages of salaries earned as members of said
Retirement System:
(1) 21.871 percent until June 30, 2011 on account of the lia-
bility for current service benefits. (Subject to annual
change.)
c. 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 I
Public Agency, not including the costs of special valuations or
of the periodic investigation and valuations required by law.
d. 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.
10. 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 sccount of the experience under the
Retirement System as determined by the periOdic investigation and I
valuation required by said Retirement Law.
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Resolution Number ~~//
11. Contributions required of Public Agency and its employees shall be
paid by Public Agency to the Retirement System within thirty days
af'ter 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.
Adjustments on account of errors in contributions required or" any
employee may be made by direct payments between the employee and
the Board.
B. 1his amendment shall be effective on the
,19_.
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BOARD OF ADMINISTRATION _$-
PUBLIC EMPLOYEES' RETIRUNT SYSTEM
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BY c.J
SIDNEY 3.~CAUSLAND,
EXECurI~OFFICER
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Approved as to form:
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Legal Ofn ~ Date
PERS-CON-702 (AMENDMENT)
(Rev. 9/85)
day of
CITY COUNCIL
OF THE
CITY OF SEAL BEACH
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BY a
Presiding ~cer
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Wi tness /!ie
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Atte~
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Clerk
Date