HomeMy WebLinkAboutCC Res 2691 1977-08-22
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RESOLUTION NUMBER ;;6 9/
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEAL BEACH, CALIFORNIA, GIVING NOTICE OF
INTENTION TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE BOARD OF ADMINISTRATION OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND 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
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,
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WHEREAS, the following is a statement of the proposed change:
1. Defines "final compensation" on the basis of
average compensation earnable during the year
immediately preceding retirement or any other
one year period elected by the member.
2. Provides service credit at retirement for unused
sick leave.
3. Provides service credit under the provisions of
Chapter B30, Statutes 1976, for up to four years
of continuous military or merchant marine service
for persons who are members because of employment
by Public Agency.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Seal Beach, California, hereby gives notice of intention to approve
an amendment to the contract between the City of Seal Beach 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,
PASSED, APPROVED and ADOPTED by the City Council of the City of Seal
Beac(h~california, at a meeting thereof held on the'~~/n~day of
-'(..O.A.M).,t , 1977, by the following v~te,: ' ......
AYES: Councilmen' ~ ~~ (9
NOES: Counc i 1 men' ,
ABSENT: Councilmen" ,
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Resolution Number
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RESOLUTION OF INTENTION TO APPROVE AN
AMENDMENT TO CONTRACT BETWEEN THE
BOARD OF AWINISTRATION 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 aets forth the
procedure by which said pUblic agencies may elect to subject them-
selve!' 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 resolu-
tion 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:
NOW,
1. Defines "final compensation" on the basis of average com-
pensation earnable during the year immediately preceding
retirement or any other one year period elected by the
member. '
2. Provides service credit at retirement for unused sick leave.
3. Provides service credit under the provisions of Chapter 830,
Statutes 1976, for up to four years of continuous military
or merchant marine service for persons who are meDilers because
of employment by Public Agency.
THEREFORE, BE IT RESOLVED, that the goveming body of the above agency
gives, and it 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.
CITY COUNCIL OF THE
CITY OF SEAL BEACH
BY, ~ #. W"'~
(Name)
Presidil1lt Mayor
(Title)
AultUst 22. 1977
(Date adopted and approved)
Ret. Form 122
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Resolution Number
AMENDMENT TO COllTRACT BETWEEtr THE
BOlIRD OF AD'.4INISTRATION
PUBLIC EMPLOYEES I RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF SEAL BEACH
The Board of Administration, Publio Employees I Retirement System, hereinafter
refe=ed to as Board, and the City Council of the City of Seal Beach, hereinafter
refe=ed to as Public Agency, having entered into a contract under date of April 28,
1958, effective June 1, 1958, and as amended August 1, 1968, July 1, 1972, and
Mea- 16, 1973, which provides for participation of Public Agency in said System, Board
and Public Agency here~ agree as follows:
A. Paragraphs 1 through 10 are hereby stricken from said contract as amended
effeotive Mea- 16, 1973, and are hereby replaced by the following paragraphs
numbered 1 through 10 inclusive:
1. All words and terms used herein whioh are defined in the Public Employ-
ees' Retirement Law shall have the meaning as defined therein unless
otherwise specifical~ provided. "Normal retirement age" shall mean
age 60 for miscellaneous members and age 55 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 herein-
after provided, members of said system subject to all provisions of
the Public Employees' Retirement Law except such as apply only on
eleotion of a oontracting agency and are not provided for herein and
to all amendments to said Law hereafter enacted except such as by
express provision thereof app~ only on the eleotion of contracting
agencies.
3. Employees of Public Agency in the following classes shall become mem-
bers of said Retirement System except such in each such class as are
excluded by law or this agreement:
a. Local firemen (herein referred to as local safety members);
b. Local policemen (herein referred to as local safety members);
c. Employees other than local firemen and local policemen (herein
refe=ed to as miscellaneous members).
The following classes of employees shall be excluded from membership in
said Retirement System:
';, NO ADDITIONAL EXCLUSIONS
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Resolution Number
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4, The fraction of final compensation to be provided for each year of
credited prior and current service as a miscellaneous member upon
retirement at normal retirement age shall be 1/50 and shall "be
applied as provided in Section 21251.13 of said Retirement Law with
service prior to the termination of Social Security coverage subject
to the modification set forth in said section.
5. The fraction of final compensation to be provided for each year of
credi ted prior and current service as a local safety member shall be
determined in accordance with Section 21252.6 of Raid Retirement Law.
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6. Public Agency, in accordance with Section 20740, Government Code,
shall cease to be an "employer" for purposes of Chapter 6 of the
Public Employees' Retirement Law effective as of the effective
date of this amendment to th:!.s contract. Accumulated contributions
of the Public Agency as of the date of such smenmnent shall be fixed
and determined as provided in Section 20759, Government COde, and
such accumulated contributions and contributions hereafter made shall
be held by the Board as provided in Section 20759, Government Code.
7, The following additional provisions of the Public Employees' Retire-
ment Law which apply only upon election of a contracting agency shall
apply to the Public Agency and its employees:
a. Section 20952,5 (providing for age 50 as the minimum vohuntary
retirement age for local safety members with benefit ps.yments
commencing prior to age 55 subject to actuarial discount).
b. Section 21380-21388 (providing for allowances for surv:l.vors of
members covered under the 1959 Survivor's Program upon the
member's death before retirement).
c. Sections 21263 and 21263.1 (providing upon the death of a member
Who retired for service or disability for continuance of a post-
retirement survivor allowence to certain survivors).
d, Section 21222.1 (pro"fiding for increases pe.yable for time com-
mencing on the first da,y of the calendar month coinciding with
or next following the effective date of th:!.s amendment to or on
account of persons retired or members deceased on or prior to
December 31, 1970).
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e, Section 20024,2 (defining "final compensation" on the basis of
average compensation earnable during the year immediately precedinS re-
tirement or aIijI' other one year period elected by the member) for
miscellaneous.
f. Section 20862.8 (providing service credit at retirement for unused
sick leave) for miscellaneous,
g. Section 20930.3 (providing service credit under the provisions of
Chapter 830, Stats. 1976, for up to four years of continuous military
or merchant marine service for persons who are members because of
employment by Public Agency) for miscellaneous members.
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Resolution Number
8.
Public Agency shall contribute to said Retirement System as follows:
a. With respect to miscellaneous members, the public agency, shall
contribute the following percentages of monthly salaries earned
as miscellaneous members of said System:
(1) 0.351 percent until June 30, 2000 on account of the liability
for prior service benefits,
(2) 9.743 percent on account of the liability for current service
benefits.
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(3) 0.256 percent on account of the liability for the 1959 Survivors
progt'am.
(4) 0.26 percent on account of the liability for the 5% increase
in accordance with Section 21222.1 of the Government Code until
June 30, 1978.
b, With respect to local safety members, the public agency shall contribute
the following percentages of monthly salaries earned as local safety
members of said System:
(1) 17.605 percent on account of the liability for current service
benefits.
(2) 0.220 percent on account of the liability for Section 21222.1 of
said Retirement Law until July 1, 1978.
c. A reasonable amount per BmlUID, as fixed by Board to cover the costs
of admin1steriIIg said System as it a:ffects the employees of Public
Agency, not includiIIg the costs of special valuations or the
periodical investigation and valuation required by law.
d. A reasonable amount as fixed. by the Board, pqable in one install-
ment as the occasions erise, to cover costs of special valuations
on account of employees of Public Agency, and costs of the period-
ical investigation and valuation required. by law.
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9. Contributions required of Public Agency and its employees shall be sub-
ject to adjustment by Board on account of amendments to the Public'
Employees' Retirement Law, and on account of experience under the
Retirement System, as determined. by the periodical investigation and
valuation required by said Retirement Law,
10, Contributions required of Public Agency and its employees shall be paid
by Public Agency to the Retirement System wi thin thirty de,ys after the
end of the period to which said contributions refer, If more or less
than the correct amount of contribution is paid for an;}' period, proper
adjustment shall be made in connection with subsequent rem! ttances or
adjustment on account of errors in contributions required. of an;}' employee
ma,y be made by direct cash p83'Jllents between the employee and Board.
P83'JIlents by Public Agency to Board me,y be JDade in the form of warrants,
bank checks, bank drafts, certified checks, money orders, or cash.
Ret. Form 702-3
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Resolution Number
B. This amendment shall be at1;ached to said contra~and shall become
effective on the I?L day of (I f-nl.",u /t?'77
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lVitness our hands this /..:? day di?fJ'/'~ ~./ /"177
BOARD OF AIllUNISTRATION
PUBLIC E1IlPLOYEES' RETlllEMENT SYSTEM
CITY comrcIL
OF THE
CITY OF SEAL BEACH
BY
Carl J. mechinger, Executive Officer
\...~~c.w'"3tdV r. ;;U~~/~""- J'
Presiding Officer
Approved as to form:
Attest: /
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Legal Office, PERS
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