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HomeMy WebLinkAboutReso. 1980 - 035 - Intention to approve an amendment to contract between the Board of Administration of the Public Employees' Retirement System and the City of Redding • • - " . RESOLUTION NO. , --6),..;_,- ..i A •RESOLUTION' OF THE CITY •COUNCIL- OF THE' CITY OF -REDDING' • , _ - • • • • OF. INTENTION APPROVE AN AMENDMENT _TO 'CONTRACT • BETWEEN THE BOARD OF ADMINISTRATION"'OF; THE PUBLIC EMPLOYEES:' RETIREMENTSYSTEM AND 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 acon - , tract, and sets forth` the procedure . by. which said public. ag.encies' may `elect to subject" ,themselves •and their employees to -amend- ments. to said Law, and r - • WHEREAS , one of the• steps in-the procedure to amend this contract is the -adoption by the legislatiie body. of the - • '' public notice: Of of a resolution giving notice Of its-.intention to approve _an,an,, -amendment" to •said contract, which- resolution shall contain.; a summary of the change proposed in said contract, , and "WHEREAS; the following' is a':sta,tement of the proposed - . - change. To• •provide ;that .normal contribution rates shall• be. ' reduced by an additional 1% for .local .miscellaneous . ' and local sa-fetylmembers, , , ; • NOW, , THEREFORE,,:,.. , IT RESOLVED that the,governing' ' - • - body of, the above agency gives, and: •it does,hereby give notice , of intention ta-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 • ' apart` hereof. . - I HEREBY CERTIFY :t•hat the foregoing •,Resolution was 4 ,.introduced and read fat ,a regular meeting,�of the; City Council -of -1- :" • • the; City of Redding on the 3rd day of March , 1980 , and was duly adopted at said meeting by the following vote: AYES : COUNCILMEN: Gard, Kirkpatrick, Pugh, and Demsher NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Ful ton A EST: ' > DONALD M. DEMSHER a4-71 Mayor of the City of Redding MILDRED L. ' BI A�ZTON,/ ity Clerk FORM PROVED: d9 fA PALL A. YAYS, Ci A orney • r ' -2- • • • • • AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ArMINISTRAfMN.7 .,r PUBLIC EMPLOYEES' RETIREMNT�S 'STEM'�' °- AND THE i1,� ^�t''� r r -a ;, } ?r't CITY COUNCIL r Er Apr �:� �t r ti r I} ,� r � � t; 7 OF THE CITY OF REDDING '`'" The Board of Administration, Public Employees' Retirement System, herein- after referred to as Board , and the governing body of above public agency, . hereinafter referred to as Public Agency, having entered into a contract under date of December 8, 1953, effective January 1, 1954, and as amended effective October 1, 1956, June 1, 1962, March 21, 1965, October 27, 1968, January 1, 1969, December 19, 1971 , February 1, 1974, December 26, 1976, July 1, 1977, November 26, 1978, and April 1, 1979, 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 frau said contract as executed effective April 1 , 1979, 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 and age 55 for local safety - members. 2. Public Agency shall participate in the Public Employees' Retirement System frau and after January 1, 1954 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 such as by express provisions thereof apply only on the election of contracting agencies. 3. Employees of Public Agency in the following classes shall became members 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 safety members (herein referred L. as • local miscellaneous members) . 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: s • • NO ADDITIONAL EXCLUSIONS 4. 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 ex- eluded from PERS Membership. Government Code Section 20336 supercedes this contract provision by providing that no contract or contract amendment entered into after January 1, 1975 shall contain any provi- . sion excluding temporary or seasonal employees. 5. This contract shall be the continuation of the contract of the Cascade Co munity 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 having ceased to exist and been succeeded by Public Agency on June 23, 1976 and December 22, 1976 respectively. Public Agency, by this contract, assumes the accumulated contributions and assets derived therefrom and liability for prior and current service under the Former Agency's contract with respect to the Former Agency's employees. 6. The fraction of final compensation to be provided for local miscel- laneous members for each year of credited prior and current service . shall be that provided in Section 21251. 13 subject to the reduction provided therein for service on and after January 1, 1969 of members whose service has been included in Federal Social Security. 7. 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 21252.1 of said Retirement Law (One-half pay at age 55). 8. 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 (Age 50 voluntary retirement) for local safety members only. b. Sections 21380-21388 (1959 Survivors Program) . c. Section 21222.1 (Special 5% increaser 1970) . d. Section 20930.3 (Military service credit) as defined in Chapter. 830, Statutes of 1976. e. Section 20862.8 (Unused sick leave credit) . f. Section 20024.2 (One-year final compensation) . g. Sections 21263/21263. 1 (Post-retirement survivor allowance) . h. Section 21298 (Increased non-industrial disability allowance) , for local safety members. i . Section 20614 (providing that normal member contribution rates • shall be reduced by 3% for local miscellaneous and local safety members. 410 • 9. Public Agency, in accordance with Section 20740, Government Code, ' ceased to be an "employer" for purposes of -Chapter 6 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 contributions thereafter made shall be held by the Board as provided in Section 20759, Government Code. 10. Public Agency shall contribute to said Retirement System as follows : a. With respect to miscellaneous members, the agency shall con- tribute the following percentages of monthly salaries earned as miscellaneous members of said Retirement System: (1) 1.607 percent until June 30, 2000 on account of the liability for prior service benefits. (2) 16.910 percent on account of the liability for current service benefits. (3) 0.006 percent on account of the liability for the 1959 Survivor Program. 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) 0.409 percent until June 30, 2000 on account of the liability for prior service benefits. (2) 20.295 percent on account of the liability for current service benefits. c. A reasonable amount per annum, as fixed by the Board 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. d. A reasonable amount as fixed by the Board, payable in one install- ment as the occasions arise, to cover the costs of special valua- tions on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 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. 9 • ' f F • 1 12. 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 contributions refer or as may be prescribed by Poard regulation. If more or less than the correct amount of contributions is paid far any period , proper adjustment shall be made in connection with subsequent remittances, or adjustments on account of errors in contributions required of any employee may be made by direct cash payments between the employee and the Poard. Payments by Public Agency to Poard may be made in the form of warrants, bank checks, bank drafts, certified checks , money orders or cash. r B. This amendment shall be attached to said contract and shall be effective on the day of , 19l. Witness our hands the day of , 19w. BOARD CF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF THE CITY OF REDDING BY BY . r J. ec roger, Executive Officer Presiding Officer. :', '`<4,.; i 1: 1� cr ur re ID iii. V:1 •Approved as to form: t . ,Attest- C 7, 141./A.!/�.i . l .4,,,,x,,,/ ;je,/,2c ) C thea G. 7 semerc`-Legal Office, Date Clerk PERS CON-702