HomeMy WebLinkAboutReso. 1981 - 239 - Intention to approve amendment to contract between Board of Administration of the Public Employees' Retirement System and the City Council of the City of ReddingRESOLUTION 'NO.o
A RESOLUTION . OF THE :'CITY ,COUNCIL OF '-.THE , CITY OF `BEDDING ',".
OF INTENTION.TO APPROVE; AN' AMENDMENT TO' CONTRACT 'BETWEEN
-;THE -BOARD 'OF-ADMINISTRATION OF; -THE; .P.UBLIC' EMPLOYEES'
.-RETIREMENT SY,STE14-' AN,D THE •CITY COUNCIL �OF'_THE--.CI-TY .OF RED,DI,NG
WHEREAS;` the Public; Employees"Retirement' Law permits-,t e
participation'of publicagencies and`theiremployees':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' t6 .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, publ c
agency of:a resolution giving no:ti:ce of its intention'to_approve an.,
amendment to::said. contract,, which resolution shall contain a summary
of the change said' contract, and
.proposed' .in
WHEREAS`, " the following is, -a statement of':the •proposed
change.
To.'Provide' Sec'ti'on .21251.13 (2% at . 60 Full
Formula due• to, .Social'Security Termination;
Section 21382..2 (Increased 1.959 Survivor.
benefit) ; and Section 20614 (Statutes o•f
1.980,, to prospectively revoke "Section 2'06'14,
,S:tatutes of 197.8) ;`'for local' miscellaneous <
members. only .' '-
NOW, .`WHEREFORE, BE 'LT•' RESOLVED" that. the City` Council gives-.
and it does hereby give..no.ti•ce of intention to:.'approve•an amendment
to .the contract between the-said governing•body. and.the Board of.
' Administratlbn 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.
�O
AMENDMENT TO CONTRACT BETWEEN Tl`
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT EM
AND THE
CITY COUNCIL c•�►
OF THE AN,
CITY OF REDD*
O�
The Board of Administration, Public ployees' Retirement System, herein-
after referred to as Board, and the ing body of above public agency,
hereinafter referred to as Public Ager y, 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, April 1, 1979, July 6, 1980 and July 5, 1981, which provides
for participation of Public Agency in said System, Board and Public Agency
hereby agree as follows:
A. Paragraphs 1 through 13 are hereby stricken from said contract as executed
effective July 5, 1981, and hereby replaced by the following paragraphs
numbered 1 through 13 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 from 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 become
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 to 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:
NO ADDITIONAL EXCLUSIONS
4. Effective March 1, 1972 and prior to January 1, 1975, those members
who were hired by Public Agency on a temporary and/or seasogal 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•
5. This contract shall be the continuation of the contracts 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 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 Agencies'
contracts with respect to the Former Agencies' employees.
6. The fraction of final compensation to be provided for local
miscellaneous 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 or after January 1, 1969 and
prior to December 31, 1981 for 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 2125W of said Retirement Law
(2% at age 55 Full).
8. Paragraph 7 shall not apply to those loc� safety members who elected
Sect to continue under the provisions of Sec21252.1 within 90 days of
July 5, 1 981 .
9. The following additional provisions of ;the Public Employees' Retire-
ment Law which apply only upon electiQ9 of a contracting agency shall
apply to the Public Agency and its em15.oyees:
A-..
a. Section 20952.5 (Age 50 volunt retirement) for local safety
members only. O
b. Sections 21380-21387, (1959S��urvivors Program), excluding Section
21382.2 (Increased 1959 Su i ors benefits), for local safety
members only. 4�
a
C. Section 21222.1 (Special 5% increase - 1970)-
d. Section 20930.3 (Military service credit) as defined in Chapter
1437, Statutes of 1974•
e. Section 20930.3 (Military service credit) as defined in Chapter
830, Statutes of 1976.
f. Section 20862.8 (Unused sick leave credit).
g. Section 20024.2 (One-year final compensation).
h. Sections 21263/21263.1 (Post-retirement survivor allowance).
i. Section 2 1298 (Increased non -industrial disability allowance),
for local safety members only
J. Section 20614 (Statutes of 1978; reduction of normal member
contribution rate). From and after July 6, 1980, the normal
member contribution rate shall be reduced by 3% for local
miscellaneous and local safety members.
k. Sections 21380-21387; including Section 21382.2 (1959 Survivors
Program with increased benefits), for local miscellaneous members
only.
1. Section 20614 (Statutes of 1980; to prospectively revoke Section
20614, Statutes of 1978), for local miscellaneous members only.
10. 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 hell by the Board as provided
in Section 20759, Government Code.
11. Public Agency shall contribute to said Ry irement System as follows:
a. With respect to miscellaneous members, the agency shall con-
tribute the following percentagesi* monthly salaries earned as
miscellaneous members of said Retirement System:
(1) 1.504 percent until June 3R, 2000 on account of the
liability for prior servis,`e benefits.
(2) 14.026 percent on accouni�rof the liability for current
service benefits.
(3) 1.000 percent on acco of the liability for the 1959
Survivor Program.
(4) 0.170 percent until January 31, 1984 on account of the
liability -for the benefits provided under Section 21222.1 of
said Retirement Law.
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) 0.597 percent until June 30, 2000 on account of the
liability for prior service benefits.
(2) 18.975 percent on account of the liability for current
service benefits.
(3) 0.480 percent until January 31, 1984
liability for the benefits provided
said Retirement Law.
0
on account of the
under Section 21222.1 of
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.
12. 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.
13. 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 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, or
adjustments on account of errors in contributions required of any
employee may be made by direct cash payments between the employee and
the Board. Payments by Public Agency to Board may be made in the form
of warrants, bank checks, bank drafts, certified checks, money orders
or cash.
B. This amendment shall be attached to said contract and shalI3.be effective on
the day of " 19
l
Witness our hands the
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
BY
Carl J. Blechinger, Executive Officer
Approved as to form:
I
day of 19
CITY COUNCIL
OF THE 444,
CITY OF REDDIi
h
BY
Presid' Officer
h
V
Attestty�
Clerk