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HomeMy WebLinkAboutReso. 1981 - 109 - Intention to approve an amendment to contract between Board of Administration of the Public Employees' Retirement System and City Council of City of ReddingRESOLUTION NO. 9/-1 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT 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 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 change: WHEREAS, the following is a statement of the proposed To provide Section 21252.6 (2% at 55 Full) from 1/2 at 55 Full, for local safety members. NOW, THEREFORE, BE IT RESOLVED.that the City Council of the City of Redding gives, and it does hereby give notice of inten- tion to approve an amendment -to the contract between the said City Council 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. 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 1st day of June 1981, and was duly adopted QQ G -1- � at said meeting by the following vote: AYES: COUNCILMEN: Demsher, Fulton, Gard, Kirkpatrick, and Pugh NOES: COUNCILMEN: None r �1 ABSENT: COUNCILMEN: None — ATTEST: � A ! ARCHER F. P — 4I 1�caoG Mayor of-'-C e City of Redding ETHEL A. RICHTER, City Clerk FORM APPROVED: RA ALL A. HAYS, Sty//Attorney r V11 AMENDMENT TO CONTRACT BETVEEN THE WARD OF ADMINISTRATION PUBLIC Ei•1PLOYEES' RETIRSI.IEPIT SYSTEM AND THE CITY CUJnCIT, OF THE CITY OF REDDING The Board of Administratiou, 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, April 1, 1979, and July 6, 1980, 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.July 6, 1980, and hereby replaced by the following paragraphs numbered 1 through 13 inclusive: 1. A11 words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless other -.rise 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 Lasa 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 tha classes of employees excluded from membership by said Retirems:nt Law, the following classes of employees shall not become membars of said Y.ctirement System: 110 ADDITIONAL IiYCTATSIONS CtJ Z 4. Effective March 1, 1972 and 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 PEIRS membership subsequent to January 1, 1975. 5. This contract shall be the continuation of the contract 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 Goverment Code, Former Ageucies 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 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 21252.6 of said Retirement Lax (2p at age 55 Full). 8. Paragraph 7 above shall not apply to those local safety members who elect to continue under the provisions of Section 21252.1 within 90 days of the effective date of this amendment. 9. The following additional provisions of the Public Employees' Retire- ment Lax 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 21380-21387, (1959 Survivors Pro -ram), excluding Section 21382.2 (Increased 1959 Survivors benefits). c. Section 21222.1 (Special 5q increase - 1970). d. Section 20930.3 (military service credit) as defined in Chapter 1.437, Statutes of 1974. e. Section 20930.3 (Military service credit) as defined in Ch<cpter 830, Statutes of 1976. f. Section 20862.8 (Unused :ick leave credit). g. Section 20021.2 (One-year final compensation). It. Sections 21263/21263.1 (Post-retirement survivor allowance). i. Section 21298 (Increased non -industrial disability allowance) for lgcal 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.. 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 Lam effective on December 26, 1976. Accumulated contributions of Public Agency as of the aforementidned 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. 11. Public Agency shall.contribute to.said.Retirement System as follows:. 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) 1.517 percent until June 30, 2000 on account of.the liability for prior service benefits. (2) 16.606 percent on account of the liability for current service benefits. (3) 0.041 percent on account of the liability for the 1959 Survivor Program. (4) 0.170 percent until June 30, 1984 on account of the liability for the benefits provided under Section 21222.1 of said Retirement Lau. 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) 0.625 percent until Jame 30, 2000 on account of the liability for prior service benefits. (2) 20.660 percent on account of the liability for current service benefits. (3) 0.480 percent until June 30, 1984 on account of the liability for the benefits provided under Section 2122.2.1 of said Retirement Lax. A reasonable amount ner annum, els fixed by the Hoard to cover the costs of adminiote:ir said System as it afrects the employees or Public Age r_cy, not: 1::C'_l:3iR? 1119. CJ9i: Ci Or 9I 1:1: "a lll:4tlon.5 or of th periodic investi� tio;l and valuations rectuirrd by law. d. A reasonable amount as fixed by the Board, payable in one install- ment as the occasions arise, to co-er the costs of special valua- tions on account of empluyees 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 requires 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. I£ 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 .rarrants, baric checks, bank drafts, certified checks, money orders or cash. This amendment shall be attached to said contract and shall be effective on the day of , 19 Witness our hands the BOARD Or ADMINISTRATION PUBLIC EPL°LOYEES' RETIREtTIIT SYST_EX BY Carl J. Blechinger, Executive Approved as to form: icer day or , 19 . CITY CODICIL OF TFE CITY 01' REDDING 0 BY Presiding CTO. icer Attest:1L ry Cler!c �� Q, PERS CON -702 1� 0