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HomeMy WebLinkAboutReso. 1985 - 075 - Intention to approve an amendment to the contract between the coard of administration of the public employees retirement system and the city council 411 Q RESOLUTION NO. 33-73-- A S-J5A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING OF INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES ' RETIRE- MENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF REDDING. 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 con- tract 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 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 two percent (2%) at 50 Full formula (from one- half (2) at 55 Full formula and two percent (2%) at 55 Full formula) for local police members only; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Redding does hereby give notice of intention to approve an amendment to the contract between the City of Redding and the Board of Administration of the Public Employees ' Retirement System, a copy of said amendment being attached hereto as Exhibit "A" and by this reference made a part hereof. UV U` . . I I I HEREBY CERTIFY that the foregoing resolution was intro- duced and read at a regular meeting of the City Council of the City of Redding on the 15th day of April , 1985 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Demsher, Fulton, Gard, Kirkpatrick, & Pugh NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None 9 /41/MY-2a '4/t.- 1 --' l"-r-c ff i-'' HOWARD D. KIRKPA RICK, Mayor City of Redding ATTEST: //E� TH��E�1L A. NICHO S ,, C'ity Clerk )/ ,FORM APPROVE : :i// RANDALL A. HAYS, C. ty Attorney -2- S AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT. SYSTEM AND THE CITY COUNCIL OF THE CITY OF REDDING The Board of AdministratidA 'ub 4c Employees' Retirement System, herein- after referred to as Board, and the � we` gciin ody of above public agency, here wafter referred to as Public Agency, having , #eY`ed into a contract effective January 1, 1954, and witnessed December 8, 1953, and as amended effective Cetober 1 , 1956, June 1 , 1962, March 21 , 1965, October 27, 1968, January 1, 1369, December 19, 1971, February 1, 1974, December 26, 1976, July 1, 1977, November 26, 1978, April 1, 1979, July 6, 1980, July 5, 1981 , January 3, 1982 and March 27, 1983, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective March 27, 1983, and hereby replaced by the following paragraphs numbered 1 through 15 inclusive: 1. All words and terms used herein whichare defined in the Public Employees' Retirement Law shall have the meaning as defined :therein unless otherwise specifically provided. "?formal retiremet� >agen shall mean age 60 for local miscellaneous members,, age 55 `or local fire members, and age 50 for local police members Kx 2. Public Agency shall participate in the Public Employees.' Retirement Y System from and after January 1, 1954 making its employees. as here- inafter 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. • 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) ; • • 0t• r., c. Employees other;than local safety members (herein referred to as local miscellane60 ; embers) . 4. In addition to the classes of ethpEes excluded from membership by said Retirement Law, the following U1 ses of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS 5. Prior to January 1,1975, those members who were hired by Public Agency on a temporary and/or seasonal basis not to exceed 6 months were excluded from PERS membership by contract. Government Code Section 20336 supersedes this contract provision by providing that any such temporary and/or seasonal employees are excluded from PERS membership subsequent to January 1 , 1975. 6. This contract shall be the continuation of the benefits of the con tracts of the Cascade Community Services District and the Enterprise . Public Utility District, hereinafter referred to as "Former Agencies",,:`? pursuant to Section 20567. 1 of the Government Code. Former Agencies have ceased to exist and have been succeeded by Public Agency on.June-, 23, 1976 and December 22, 1976, respectively: Public Agency,. bycon tract amendment dated July 1, 1977, assumes the accumulated_ contri butions and assets derived therefrom andliability for prior current service under the Former Agencies' contract with respectert the Former Agencies' employees. ' • 7. The fraction of final compensationf to be provided ' laneous members for each year of credited prior anc cur-ren se `rte shall be that provided" ' in Section': 21251`.13, ;sub ect to .thfe redtici o -* , provided therein for service on or after JanUarg yi,. 19Wanal pritsr r .- to December 31, 1981. for members whoseservice has been inoiuded`iii Federal Social Security (2% 8 60 Full and Modifiet � 4 " ip providedfor .each year oil >= 8. The fraction of final compensation to be credited prior and current service for local fire members who electec� r � _ within 90 days of July5, 1981 to continue undenthe rovisions- of A . Section 21252.1 shall be determined in accordance with Section 21252.1 . . 2 of said Retirement Law (One-half pay at age 55 Full). 9. The fraction of final compensation to be provided for each year of - credited prior and current service for those local fire members who did not elect within 90 days of July 5, 1981 to continue under the provisions of Section 21252. 1 shall be determined in accordance with • Section 21252.6 of said Retirement Law (2% at age 55 Full) . 10. The fraction of final compensation to be provided for each year of credited prior and current service as a local police member shall be determined in accordance with Section 21252.01 of said Retirement Law (2% at age 50 Full) . • • • 0. '/ A 11 . The following a'`cdditt anal provisions of the Public Employees' Retire- ment Law, which apply onii2;-9on election of a contracting agency, shall apply to the Public ArgAqyond its employees: a. Section 21222. 1 (Special 5% Increase - 1970). Legislation repealed said Section effective January 1, 1979. b. Section 20930.3 (Military Service Credit) as defined in Chapter 1437, Statutes of 1974• c. Section 20930.3 (Military Service Credit) as defined in Chapter 830, Statutes of 1976. d. Section 20862.8 (Unused Sick Leave Credit). e. Section 20024.2 (One-Year Final Compensation). f. Sections 21263, 21263. 1 and 21263.3 (Post-Retirement Survivor Allowance). g. Section 21298 (Increased Non-Industrial Disability Allowance) for those members who retired on non-industrial disability after June 14, 1975 for local safety members only. h. Section 20.614 (Statutes of 1978, Reduction of Normal Member ': Contribution Rate). From November 26, 1978 through March,3I„ 'ter 1979, the normal local miscellaneous and local safety iember5 contribution ratesshall be reduced by_1%; from April 1, - 1979 through-July 5, 1980, the normal local miscellaneous and: local safety members contribution rates shall be reduced b 2 from July 6, 1980 through January 2, 1982, the normal. `local_Miscel- laneous member contribution rate shall`.be reduced- by- 3$3 .and from July 6, 1980 through March 26, 1983, the normal local safety member contribution rate shallbe reduced by 3%- i. Sections 21380-21387 (1959 Survivors Program) including Section 21382.2 (Increased 1959 Survivors Benefits). j. Section 20614, Statutes of 1980, (to Prospectively Revoke Section 20614, Statutes of 1978). 12. Public Agency, in accordance with Section 20740, Government .Code, ceased to be an "employer" for purposes of Section 20759 of the Public Employees' Retirement Law effective on December 26, 1976. Accumulated contributions of Public Agency as of the aforementioned date shall be fixed and determined as provided in Section 20759, Government Code, and accumulated contributions as of the aforementioned date and con- tributions on-tributions thereafter made shall be held by the Board as provided in Section 20759, Government Code. 13. Public Agency shatl)gontribute to said Retirement System as follows: a. With respect to localFmidce g9ps members, the agency shall contribute the following perce gee)iof monthly salaries earned as local miscellaneous members of sal)f tirement System; ( 1 ) 1 .352 percent until June 30, 2000 on account of the lia- bility for prior service benefits. (Subject to annual change.) (2) 14.537 percent until June 30, 2000 on account of the lia- - * bility for'current service benefits. (Subject to annual change.) b. With respect to local safety members, the agency shall contribute the following percentages of monthly salaries earned as local safety members of said Retirement System: (1 ). 0.778 percent until June 30, 2000 on account of the lia- bility for prior service benefits. (Subject to annual change.) - (2) 23.080 percent until June 30, 2000 on account of the lia- bility for current service benefits. (Subject to annual change.) by as fixed the Board, c. A reasonable amount, 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. rt,t4. Public Agency, not including the costs of special valuations-:or of the periodic investigation- and valuations.required by d. A reasonable amount, as fixed .by the Board; payable im one in stallment as the occasions arise, to cover the costs ofspecial valuations on account of employees of Public Agency, and costs of theperiodic investigation and valuations required by law. {:a 14. 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. 15. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within thirty days after the end of the period to which said cortributions refer or as may be prescribed by Board regulation. If more or less than the cor— • rect 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 by direct payments between the employee and the Board. • • B. This amendment shall be effective on the day of 19 • Witness our hands the day of , 19 • BC-RD OF ADMINISTRATION CITY COUNCIL P'' LIC EMPLOYEES' RETIREMENT SYSTEM OF THE CITY OF REDDING Rwar yL,:i�c�,y, ; BY PSI SIDNEY C. McCAUSLAND, ts1';1.I8 Presiding Officer EXECUTIVE OFFICER /7 �'.• , Approved as to form: Attest: `', _\\30\ %/reCk. $5 ' Legal Offi Date Clerk PERS CON-702 1 -