The URL can be used to link to this page

Home My WebLink AboutCC RESO 13,409RESOLUTION NO. 13,409 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 mayelect 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 pro- posed change: To provide Section 21222.85 (Special 3%-15% increase to pre-1-1-74 retirees). 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 the Public EmployeesRetirement System, a copy of said amend- ment being attached hereto, as an "Exhibit", and by this reference made a part hereof. PASSED AND ADOPTED this ATTEST: 5th day of August, 1980. EXHIBIT A AMENDMEUT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION..,_ PUBLIC EMPLOYEES' RETIRE-IENT, AND THE CITY COUNCIL OF THE CITY Or NATIONAL CITY • 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 Mart, 1948, effective July 1, 1948, and as amended effective March 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 15, 1977, and October 16, 1978, which providesfor participation of Public Agency in. said System, Board and. Public Agency hereby agree as follows: • graphs numbered 1 through 11 inclusive: t. 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. Public Agency shall participate in the Public Employees' Retirement System from and after July 1, 1948 making its employees as herein- afterprovided, 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. Employees of Public Agency in the following classes shall become members of said. Retirement System except such in each such class as are exclude& 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 the classes of employees excluded from membershipby said. Retirement Law, the following classes of employees shall not become members of said. Retirement System: NO ADDITIONAL EXCLUSIONS Paragraphs 1 through 10 are hereby -stricken from said contract as executed effective October 16, 1978, and hereby replaced by the following pare - Prior to January 1, 1975. those members who were hired by Public Agency on a temporary and/or seasonal oasis not to exceed 6 months: were excluded from PERS membership by contract. Government Cody Section. 20336 supersedes this contract provision by providing that any such temporary and/or seasonal employees are excluded from PERS membership subsequent to Jan3tary 1, 1975. The fractionof final compensation: to be provided for each year of credited prior and current service as a local miscellaneous member shallbe determined in accordance with Section 21251.13 of said Retirement Law (2% at age 60). 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 21252.1 of said Retirement Law (One-half pay at age 55). The following additional provisions of the Public Employees' Retire- ment Lawwhich apply only upon election of a. contracting agency shall apply to the Public Agency and its employees: Section.20020 ("Local Policemen" shall include persons assigned to identification and communications duties in the Police Department who are not now local safety members and who were in such employment on: August 4, 1972, who elect safety metabership on or before September 28, 1973. Sections .21263/21263.1 (Post -retirement survivor allowance). Sections 21380-21388 (1959°Survivors Program). Section 21222.1' (Special 5% increase-1970).. Section 20862.8 (Unused sick.leave credit), for local miscel- laneous members.. - Section 20952.5 (Age 50.voluntary- retirement) forlocal safety members only. Section. 20983.6 (Waiver of age 70 retirement) for local miscel- laneous members only. Section. 21222.85 (Special 3%-15% increase to pre-1-1 74 retirees). Public Agency, in accordance with Section 20740, Government Code, ceased to be an "employer" for purposes of Chapter 6 of the Public Elatployeess' Retirement: Laweffective on. January 15, 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 contributions thereafter made_ shallbe held.. by the Board as provided. in Section 20759, Government Code. Public Agency shall: contribute to said Retirement Systc^ as follows:. a.` With. respect to miscellaneous members, the agency shall con tribute the following percentages of monthly salaries earned as miscellaneous members of said Retirement System: 15.891 percent on_ account of the liability for current service benefits. 0.125 percent on account of the liability for the 195 Survivor Program. 0.170 percent until June 30, 1983 on account of the liability for the benefits provided under Section 21222. said Retirement Law. . 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) 0.090 percent until June 30, 2000 on account of the liability for prior service benefits.. 19.080 percent on account of the liability for current service benefits. 0.230 percent until June 30, 1983 on account of the liability for the benefits provided under Section 21222.1 o said Retirement Law. 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 periodic investigation and valuationa. required by law. A reasonable amount as fixed by the Board, payable in one install— ment as the occasions arise,to cover thecosts of special valua— tions on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 10. 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, andon account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. it. 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 moreor less than the correct amount of contributions is paid for any period,proper adjustment shall be made in connection with subsequent remittances, ar adjustmentson 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 ar cash. • • B. This amendment shall be attached to said contract and shall be effective on the day of r tg Witness our hands the day of BOARD OF ADMINISTRATION PUBLIC EMPLOYEES RETIREI NT SYSTEIt CITY COUNCIL. OF TIM CITY" OF NATIONAL CITY BY BY Carl.7. Biechingerr, Executive Officer Presiding Officer 19 Approved as -to form: Attest: .� z.z/gj �. Gyy a G. *same , Legal Office, Date Clerk ~: PERS CON-702 Public Employees' Retirement System Post Office Box T953 Sacramento, CA 95809 CERTIFICATION OF COMPLIANCE WITH` GOVERNMENT CODE SECTION 7507 i hereby'certifythat in accordance with Section 7507 of tnee.Government Code the future annualcosts as, determined by the System Actuary nave been made public. at a publicmeeting; by the (public agency) of the increase in public retirement plan benefitsas provided' by Section (governing body), at least two weeks prior to the adoption (optional benefit) Date: original signature official title PERS-CON-12A (1/80) • CERTIFICATION OF GOVERNING BODY'S ACTION 1hereby certify that the foregoing is a true and correct copy of a Resojution adopted by the (Name of Public Agency) , appearing at Page Volume of the (Minutes) (Official Records) of thee.. CITY CLERK or Secretary'oF the Board