HomeMy WebLinkAboutReso. 78-202 - Declaring its Intention to Approve an Amendment to its Contract with the Board of Administration of the Public Employees' Retirement System •
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RESOLUTION NO. IR-;O�
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
DECLARING ITS INTENTION TO APPROVE AN AMENDMENT TO ITS
CONTRACT WITH THE BOARD OF ADMINISTRATION OF THE PUBLIC
EMPLOYEES ' RETIREMENT SYSTEM.
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 contract,
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 Section 20614 (that normal member. contribution
rates shall be reduced by 1% for miscellaneous and local
safety members) , and Section 21298 (non-industrial disability
retirement allowances of up to 50% maximum of final com-
pensation) , for local safety members , and
WHEREAS, it has been determined that this matter is not
subject to the provisions of CEQA,
NOW, THEREFORE, BE IT RESOLVED that the governing body of
the above agency gives , and it does hereby give notice of intention
to approve an amendment to the contract between the said governing
body and the Board of Administration of thePublic Employees ' Retire-
ment System, a copy of said amendment being attached hereto as an
"Exhibitand by this reference made a part hereof.
V
PO
C.
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III 411
I HEREBY CERTIFY that the foregoing Resolution was intro-
duced and read at a special meeting of the City Council of the
City of Redding on the 30th day of October , 1978 , and was duly
adopted at said meeting by the following vote :
AYES : COUNCILMEN : Fulton, Kirkpatrick, Pugh, and Demsher
NOES : COUNCILMEN : None
ABSENT: COUNCILMEN : Gard a ,
(5,-...-s4)
ATTEST: DONALD M. DEMSHER
Aj ��? Mayor of the City of Redding
MILDRED L. BRAYTON, ;Qity Clerk
rAPPROVEEj U
EARL D . MURPHY, Cit AttAsney
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AMENDMENT TO CONTRACT BETWEEN THE le
BOARD OP ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE �f
CITY COUNCIL
OF THE
440'
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,
and July 1, 1977, 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 from said contract as
executed effective July 1, 1977, and hereby replaced by the
following paragraphs number 1 through 11 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 miscellaneous members 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
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:
EXCLUDE PERSONS HIRED ON OR AFTER MARCH 1, 1972
WHO ARE EMPLOYED ON A TEMPORARY BASIS IF IT IS
A CONDITION OF EMPLOYMENT THAT EMPLOYMENT NOT
EXCEED SIX MONTHS.
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4. This contra hall be continuation of the acts of the Cascade
• Community Se ices District and the Enterpri °'ublic Utility Dis-
trict 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 there-
from and liability for prior and current service under the Former
Agencys' contract with respect to the Former Agencys' employees.
5. The fraction of final compensation to be provided for 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 and after January 1, 1969
of members whose service has been included in Federal Social
Security.
6. The fraction of final compensation to be provided for each year
of credited prior and current service as a safety member shall
be determined in accordance with Section 21252.1 of said
Retirement Law (One-half pay at age 55).
7. The following additional provisions of the Public Employees' Retirement
Law which apply only upon election of a contracting agency shall apply
to the Public Agency .and its employees:
a. Section 20952.5 (providing for age 50 as the minimum voluntary
retirement age for local safety members, with benefit payments
commencing prior to age 55 subject to actuarial discount) .
b. Sections 21380-21388 (providing for allowances for survivors
of members covered under the 1959 Survivor's Program upon the
member's death before retirement).
c. Section 21222.1 (providing a five-percent increase in allowance
to which the annual cost-of-living provisions apply, payable
for time commencing on the first day of the calendar month
coinciding with or next following the effective date of the
amendment to add this section to this contract, to or on account
of members retired or deceased on or prior to December 31, 1970) .
d. Section 20930.3 (allowing public service credit under the
provisions of Chapter 830, Stats. 1976, for up to four years
of continuous military or merchant marine service for persons
who are members in employment as of July 1, 1977 having the
opportunity to elect this benefit on the previous provisions
with in 90 days after July 1, 1977) .
e. Section 20862.8 (providing service credit at retirement for
unused sick leave) .
f. Section 20024.2 (defining "final compensation" on the basis of
average compensation earnable during the year immediately
preceding retirement or any other one year period elected by
the member).
g. Sections 21263 and 21263.1 (providing upon the death of a
member who retired for service or disability for continuance
of a post-retirement survivor allowance to certain survivors) .
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b. Section 14 (providing that normal me contribution rates
shall b duced by 1% for miscellaneous local safety members) .
i. Section 21298 (providing increased non-industrial disability
retirement allowances of up to fifty-percent of final
compensation to members retiring after the effective date
of the amendment), for local safety members.
8. 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 afore-
mentioned date and contributions thereafter made shall be held by
She Board as provided in Section 20759, Government Code.
9. Public Agency shall contribute to said Retirement System as follows:
a. With respect to miscellaneous members, the agency shall
contribute the following percentages of monthly salaries
earned as miscellaneous members of said Retirement System:
(1) 1.493 percent until June 30, 2000 on account of the
liability for prior service benefits.
(2) 13.651 percent on account of the liability for current
service benefits.
(3) 0.085 percent on account 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) 0.521 percent until June 30, 2000 on account of the
liability for prior service benefits.
(2) 15.635 percent on account of the liability for current
service benefits.
(3) 0.480 percent until January 31, 1984 on account of the
liability for the benefits provided under Section
21222.1 of said Retirement Law.
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 periodical investigation and valuations
required by law.
d. A reasonable amount as fixed by the Board, payable in one
installment as the occasions arise, to cover the costs of
special valuations on account of employees of Public Agency,
and costs of the periodical investigation and valuations
required by law.
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10. Contributions Wuired of Public Agency and ituployees 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 periodical
investigation and valuation required by said Retirement Law.
11. 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 shall be effective on
the day of , 19 .
Witness our hands this day of , 19 .
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF THE
AtCITY OF BEDDING a
F
it‘
P4e
BY T%
Carl J. Blechinger, Executive Officer i . •' ing Officer
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Approved as to form: Attest
\ :
Legal Office, PERS 1O_‘v.t-jt? Clerk
i
i
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