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Home My WebLink AboutCC RESO 14,391RESOLUTION NO. 14,391 RESOLUTION 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 NATIONAL CITY 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 governing 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 2% at 50 Full formula (from 1/2 at 55 Full formula) for local fire 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 an "Exhibit" and by this reference made a part hereof. ATTEST: PASSED and ADOPTED this 7th day of August, 1984. r AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE p 4s lbCITY OF NATIONAL CITY Np SS nn The Board of Administrat�Sdt�/, 'P�ttplic Employees' Retirement System, herein- after referred to as Board, and t 44ning body of above public agency, hereinafter referred to as Public Agen�, ipg entered into a contract effec- tive July 1, 1948, and witnessed May 1, 19 1find as amended effective March 1, 1954, July 1, 1954, April 1, 1956, April 1, 1970, December 1, 1972, September 28, 1973, October 1, 1973, March 1, 1974, October 1, 1974, January 16, 1977, October 16, 1978, October 1, 1980, and July 16, 1983, which provides for parti- cipation 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 16, 1983, 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 Employ- ees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous members and age 50 for local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after July 1, 1948 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 those, which by ex- press provisions thereof, apply only on the election of a contracting agency. 3. Employees of Public Agency in the following classes shall become mem- bers of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); EXHIBIT • Pie--4sP b. Local PolicQ oceps (herein referred to as local safety members); ` S/CN 1. Local Police OfficersMil/W.1.1,de individuals defined by Section 20020 of the Governmen dde prior to its amendment at the 1975-76 Regular Legislative Session, effective January 1, 1976, employed by Public Agency prior to such amendment; c. Employees other than local safety members (herein referred to as local miscellaneous members). 4. 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 5. Effective October 1, 1974 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 ex- cluded from PERS membership subsequent to January 1, 1975. 6. The fraction of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21251.13 of said Retirement Law (2% at age 60 Full). 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 21252.01 of said Retirement Law (2% at age 50 Full). 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 20020 ("Local Police Officers" shall include persons assigned to identification and communication duties in the Police Department who were reclassified as local safety members and who were in such employment on August 4, 1972, and who elected safety membership on or before September 28, 1973). b. Section 21222.1 (Special 5% increase - 1970). Legislation repealed said Section effective January 1, 1979. c. Sections 21263/21263.1 (Post -retirement survivor allowance). d. Sections 21380-21387 (1959 Survivors Program) excluding Section 21382.2 (Increased 1959 Survivors benefits). j. e. Section 20862.8 (tj sick leave credit), for local miscel— laneous members only.447, f. Section 21222.85 (Special 3%-1 ' i fp�se for• or on behalf of those local miscellaneous and those ? al safety members who retired or died prior to January 1, 1974). 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 January 16, 1977. 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 local miscellaneous members, the agency shall contribute the following percentages of monthly salaries earned as local miscellaneous members of said Retirement System: (1) 14.296 percent until June 30, 2000 on account of the lia— bility for current service benefits. (Subject to annual change.) (2) 0.177 percent until June 30, 1995 on account of the lia— bility for the benefits provided under Section 21222.85 of said Retirement Law. (Subject to annual change.) 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) 31.069 percent until June 30, 2000 on account of the lia— bility for current service benefits. (Subject to annual change.) (2) 0.214 percent until June 30, 1995 on account of the lia— bility for the benefits provided under Section 21222.85 of said Retirement Law. (Subject to annual change.) 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 fixed 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 cor- rect amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances, or adjust- ments 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 effective on the day of 19 . Witness our hands the day of , 19 . BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM ASF L0 BY �y pT %kw SIDNEY C. McCAUSLAND, EXECUTIVE OFFICER CITY COUNCIL OF THE CITY OF NATIONAL CITY BY Presiding Officer Approved as to form: Attest: Margaret J. Hohn, L Office, Date Clerk PERS CON-702