HomeMy WebLinkAboutCC RESO 91-188RESOLUTION NO. 91-188
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NATIONAL CITY 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 procedures 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
change:
WHEREAS, the following is a statement of the proposed
To provide 2% @ 55 Full formula (from 2% @ 60
Full formula) for local miscellaneous members,
including an extension of the funding period
to the year 2011.
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,
which amendment is attached hereto as Exhibit "A."
PASSED and ADOPTED this 17th day of September, 1991.
ATTEST:
14�J�
Lo Anne Peoples, Ci AClerk
APPROVED AS TO FORM:
George H. Eiser,
City Attorney
George H. aters, Mayor
•
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF NATIONAL CITY
AMENDMENT TO CONTRACT �Q
BETWEEN THE i
BOARD OF ADMINISTRATION d
The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board,
and the governing body of above public agency, hereinafter referred to as Public Agency, having entered
into a contract effective July 1, 1948, and witnessed May 1, 1948, and 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, July 16,
1983, January 1, 1985, December 27, 1988 and December 12, 1989, which provides for participation
of Public Agency in said System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective December
12, 1989, 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 Employees' Retirement
Law shall have the meaning as defined therein unless otherwise specifically provided.
"Normal retirement age" shall mean age 55 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 express provisions
thereof, apply only on the election of a contracting agency.
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 Fire Fighters (herein referred to as local safety members);
b. Local Police Officers (herein referred to as local safety members);
c. Employees other than local safety members (herein referred to as local
miscellaneous members).
EXHIBIT "A"
PIF..ASE DO NOT SIGN "EXHIBIT ONLY"
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. 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 excluded
from PERS membership subsequent to January 1, 1975.
6. The percentage 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 21251.132 of said Retirement Law (2% at age 55 Full).
7. The percentage 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. Public Agency elected to be subject to the following optional provisions:
a. Section 20020 ("Local Police Officer" shall include persons assigned to
identification or communication duties in the Police Department who were not
classified as local safety members and who were in such employment on or prior
to 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, 1980.
c. Sections 21263 and 21263.1 (Post -Retirement Survivor Allowance).
d. Sections 21380-21387 (1959 Survivor Benefits) excluding Section 21382.2
(Increased 1959 Survivor Benefits) and Section 21382.4 (Third Level of 1959
Survivor Benefits) for local miscellaneous members.
e. Section 20862.8 (Credit for Unused Sick Leave).
f. Section 21222.85 (Special 3% - 15% Increase) for or on behalf of those local
miscellaneous members and those local safety members who retired or died prior
to January 1, 1974.
g•
Sections 21380-21387 (1959 Survivor Benefits) including Section 21382.4 (Third
Level of 1959 Survivor Benefits) for local safety members.
•
9. Public Agency, in accordance with Government Code Section 20740, ceased to be an
"employer" for purposes of Section 20759 effective on January 16, 1977. Accumulated
contributions of Public Agency shall be fixed and determined as provided in Government
Code Section 20759, and accumulated contributions thereafter shall be held by the Board
as provided in Government Code Section 20759.
10. Public Agency shall contribute to said Retirement System the contributions determined
by actuarial valuations of prior and future service liability with respect to local
miscellaneous members and local safety members of said Retirement System.
11. Public Agency shall also contribute to said Retirement System as follows:
a. A reasonable amount, as fixed by the Board, payable in one installment 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.
b. 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 periodic investigation and valuations required
by law.
12. 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.
13. Contributions required of Public Agency and its employees shall be paid by Public
Agency to the Retirement System within fifteen 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. Adjustments on account of errors
in contributions required of any employee may be made by direct payments between the
employee and the Board.
B. This amendment shall t` effective on the day of
a ,19
BOARD OF ADMINISTRATI
CITY COUNCIL
PUBLIC EMPLOYEES' RET`MENT SYSTEM OF THE
CITY OF NATIONAL CITY�.*''
BY
Presiding Officer
BY
CHIEF, CONTRACT VICES DIVISION
PUBLIC EMPLOYEICIC5 RETIREMENT SYSTEM
ICJ
PERS-CON-702 (AMENDMENT)
(Rev. 3/91)
Witness Date
Attest:
Clerk
Public Employees' Retirement System
Public Agency Contract Services
Contract Services Division - Section 220
Post Office Box 942709
Sacramento, CA 94229-2709
Telephone (916) 326-3420
326-3000 (Telecommunications
Device for the Deaf)
CERTIFICATION OP GOVERNING BODY'S ACTION
I hereby certify that the foregoing is a true and correct copy of a
Resolution adopted by the City Council
(Governing Body)
of the City of National City
(Name of Public Agency)
on September 17, 1991
(Date)
CSD-CON-12
C0600 (Rev. 11/88)
Public Employees' Retirement System
Public Agency Contract Services
Contract Services Division - Section 220
Post Office Box 942709
Sacramento, CA 94229-2709
Telephone (916) 326-3420
326-3000 (Telecommunications
Device for the Deaf)
CERTIFICATION OF COMPLIANCE WITH
GOVERNMENT CODE SECTION 7507
I hereby certify that in accordance with Section 7507 of the Government
Code the future annual costs as determined by the System Actuary and/or the
increase in retirement benefit(s) have been made public at a public meeting
by the City Council
of the City of National City
(governing body) (public agency)
at least two weeks prior to the adoption of the final Ordinance/Resolution.
Date: September 17, 1991
CITY CLERK
official title
CSD-CON-12A (Rev. 11/88)
C0601