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HomeMy WebLinkAboutReso 82-211 - Initiating intention to approve an amendment to contract between Board of Administration of the Public Employees' Retirement System and the City Council of Reddingr RESOLUTION NO., DJ A RESOLUTION OF THE '�CITY� ''COUNCIL OF THEN CITY OF REDDING INITIATING ITS 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 EmployeesRetirement 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 WHEREAS, the following is a statement of the proposed change: To provide §21382.2 (Increased 1959 Survivors benefits) and §20614, Statutes of 1980 (to prospectively revoke §20614, Statutes of 1978) for local safety members. NOW,,THEREFORE, BE IT RESOLVED, that the governing body of the above agency 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 Exhibit "A" 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 6th day of December 1982, and was duly adopted at said meeting by the following vote: AYES: COUNCILMEN: Demsher, Fulton, Kirkpatrick, Pugh, and Gard NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 'BARBARA ALLEN QARD, Mayor' City of Redding ATTEST: ETHEL A. NI HOLS, City Clerk FORM APPROVED:. RAND LLA. MAYS, C'ty ttorney -2- i • EXHIBIT "N' AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINIS`PRATION PUBLIC EMPLOYEES' RETIREXY NT SYSTEM AND THE CITY COUNCIL OF THE 4 CITY OF REDDING The Board of AdminPIP M� {*son, Public Employees' Retirement System, herein- after referred to as Board, //the governing body of above public agency, hereinafter referred to as Pub19s gncy, having entered into a contract under date of December 8, 1953, effective 1, 1954, and as amended effective October 1, 1956, June 1, 1962, Marchiroily76October 27, 1968, January 1, 1969, December 19, 1971, February 1, 1974, Der 26, 1976, July 1, 1977, November 26, 1978, April 1, 1979, July 6, 1980, July 5,.1981, and January 3, 1982, 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 January 3, 1982, 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 from and after January 1, 1954 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 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 the classes of employees excluded from membership by said Retirem ,$���W, the following classes• of employees shall not become members d- 'd Retirement System: NOESIONAL EXCLUSIONS 4. Effective March 1, 1972 and �W al, to January 1, 1975, those members who were hired by Public Agency ai' temporary and/or seasonal basis not to exceed 6 months were exclu Z om PERS membership by contract. Government Code Section 20�)jopersedes this contract provision by providing that any such tem7i�y 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 Service 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 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 or after September 10, 1968 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 21252.6 of said Retirement Law (2% at age 55- Full). a. Paragraph 7 shall not apply to those local safety members who elected to continue under the provisions of Section 21252.1 within 90 days of July 5, 1981. 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. Section 21222.1 (Special 5% increase - 1970). c. . Section 209-0.3 (Military service credit as defined in Chapter 143�tatutes of 1974. c��C d. Sectio %ffoo0. , ilitary service credit) as defined in Chapter 830, Statutes N07956. /6) ►► e. Section 20862.8 (Unused s!A"- 1 -a ve credit). f. Section 20024.2 (One-year final9%ovation). g. Sections 21263/21263.1 (Post-retirement survivor allowance). h. Section 21298 (Increased non -industrial disability allowance) for local safety members only. i. 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. J. Sections 21380-21387 (1959 Survivors Program)', including Section 21382.2 (Increased 1959 Survivors Benefits). k. Section 20614, Statutes of 1980 (to prospectively revoke Section 20614, Statutes of 1978). . 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 con- tributions 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 contri- bute the following percentages of monthly salaries earned as miscellaneous members of said Retirement System: (1) 1.371 percent until June 30, 2000 on account of the liability for prior service benefits. (2) 13.186 percent on account of the liability for current service benefits. (3) 0.400 percent on account of the liability for the 1959 Survivor Program. 0 (4) 0.170 percent until June 30, 1984 on account of tP ity for the benefits provided under Section 2122e^ �l Retirement Law. b.�4'�q+' respect to local safety members, the agency shall contz thQo lowing percentages of monthly salaries earned as loc_ safetabers of said Retirement System: (1) 0.39 S/9,nt until June 30, 2000 on account of the liability fevlrior service benefits. /�/ il- (2) 18.337 percent on Qcount of the liability for current service benefits. lk" (3) 0.480 percent until June 30, 1984 on account of the liabil- ity for the benefits provided under Section 21222.1 of said Retirement Law. C. A reasonable amount, as fixed by.the Board, 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 Public Agency., not including the costs of special valuations or of the periodic investigation and valuations required by law. d. A reasonable amount as fixgd by the Board, payable in one in-. stallment as the occasions arise, to cover the costs of special valuations 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. 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 Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjust- ment 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 shalt be effective on the r - day of 19 Witness our hands the day of 19 . BOARD OF ADMIN?STRATiON CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF THE CITY OF REDDING .614 " BY '�`sF BY CARL J. BLECHINGER, Ek..lJ j OFFICER Presiding Officer S/GAI Approved as to form: Asttest: Cyin,thia G. gesem6r, Legal Offi e, Date Clerk r PERS CON -702 0