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HomeMy WebLinkAboutCC RESO 14,060RESOLUTION NO. 14,060 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 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 2% @ 50 Full formula (from 1/2 @ 55 Full formula) for local police members only. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City gives, and it does hereby give notice of intention 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. PASSED AND ADOPTED this 14th day of June, 1983. ATTEST: (1:21),L_ CITY CLEA(K PLEASE 04 //o�// The Board of AdministratibQl Employees' Retirement System, herein- after referred to as Board, and theh�body of above public agency, here- inafter referred to as Public Agency, havin Q��into a contract effective July 1, 1948, and witnessed May 1, 1948, and as aai ed 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, and October 1, 1980, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF NATIONAL CITY A. Paragraphs 1 through 11 are hereby stricken from said contract as executed effective October 1, 1980, 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 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, age 55 for local fire members, and age 50 for local police 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 such as by express provisions thereof apply only on the election of contracting a;-encies. 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 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). 4. In addition the classes of employees excluded from membership by said Retire �i+, the following classes of employees shall not become members oi'Csigt1 jletiirement System: O NO /AD DrTAgA4 EXCLUSIONS 5. Prior to January 1, 1975, those m dloN ph were hired by Public Agency on a temporary and/or seasonal bas px to exceed 6 months were excluded from PERS membership by contra ,. 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. 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 cre- dited prior and current service as a local fire member shall be deter- mined in accordance with Section 21252.1 of said Retirement Law (One- half pay at age 55 Full). 8. The fraction of final compensation to be provided for each year of cre- dited prior and current service as a local police member shall be de- termined in accordance with Section 21252.01 of said Retirement Law (2% at age 50 Full). 9. 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. Sections 21263/21263.1 (Post -retirement survivor allowance). b. Section 20020 ("Local Policemen" shall include persons assigned to identification and communication duties in the Police Depart- ment who are not now local safety members and who were in such employment on August 4, 1972, who elect safety membership on or before September 28, 1973). c. Section 21222.1 (Special 5% increase - 1970). d. Sections 21380-21387 (1959 Survivors Program) excluding Section 21382.2 (Increased 1959 Survivors benefits). e. Section 20862.8 (Unused sick leave credit) for local miscella- neous members only. f. Section 0952.5 (Age 50 voluntary SE members 6 "/!�,V� /i/�, g. Section 20983.6 (WaiLQ 7 laneous members only. h. Section NJ81T Oki „ 21222.85 (Special 3%-15% incre s t pre-1-1-74 retirement) for local safety 70 retirement) for local miscel- "M retirees). 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 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 contri- butions 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: a. With respect to miscellaneous members, the agency shall contri- bute the following percentages of monthly salaries earned as mis- cellaneous members of said Retirement System: b. (1) 14.506 percent until June 30, 2000 on account of the liability for current service benefits. 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) 26.485 percent until June 30, 2000 on account liability for current service benefits. c. A reasonable amount, as lment within 60 days of ministering said System ency, not including the iodic investigation and of the fixed by the Board, payable in one instal - date of contract to cover the costs of ad - as it affects the employees of Public Ag- costs of special valuations or of the per - valuations required by law. d. A reasonable amount as fixed by the Board, payable in one instal- lment 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 sub- ject to adjustment by Board on account of amendments to the Public Em- ployees' Retirement Law, and on account of the experience under the Re- tirement System as determined by the periodic investigation and valua- tion 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 af- ter 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 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 attached to said contract and shall be effective on the Witness our hands the day of , 19 BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM day of , 19 • CITY COUNCIL OF THE CITY OF NATIONAL CITY 4E4SE�NO BY T S'/GA BY CARL J. BLECHINGER, EXECUTIVE OFFICER tr I;Piiiresiding Officer ONE )0•91 Approved as to form: Attest: Nam, f. \ \ C, F/6 Margaret J. Heehn, Lek?. Office, Date Clerk PERS CON-702