HomeMy WebLinkAboutCC RESO 2008-240RESOLUTION NO. 2008 — 240
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
DECLARING ITS INTENTION TO APPROVE
AN AMENDMENT TO CONTRACT BETWEEN
THE BOARD OF ADMINISTRATION CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND
THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO
PROVIDE FOR THE MERGER OF THE CITY OF NATIONAL CITY
WITH THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY FOR PURPOSES
OF THE 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 procedures to amend this contract is the
adoption by the City Council 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 for the merger of the Community Development
Commission of the City of National City (ER #1471) into the
City of National City (ER #0190) effective May 20, 2008,
pursuant to Government Code Section 20508.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby gives notice of intention to approve an amendment to the contract between
the City of National City and the Board of Administration of the Public Employees' Retirement
System, a copy of said amendment being attached hereto, as Exhibit "A". and by this reference
made a part hereof.
BE IT FURTHER RESOLVED that in accordance with Government Code Section
20508, the Community Development Commission of the City of National City will continue to
exist as a public entity separate from the City of National City.
PASSED and ADOPTED this 18th day of Nov- ber 2008.
ATTEST:
chel R. DallaC
Mi
Clerk
on Morrison, Mayor
APPROVED AS TO FORM:
George H. Fiser, Ill
City Attorney
CalPERS
California
Public Employees' Retirement System
EXHIBIT "A"
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of National City
44104
The Board of Administration, California Public Employees' Retirement System,
hereinafter referred to as Board, and the governing body of the 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, December 12, 1989,
November 15, 1991, December 27, 1991, June 11, 1993, May 2, 1996, July 9, 2002,
September 17, 2002 and July 6, 2004 which provides for participation of Public Agency
in said System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 14 are hereby stricken from said contract as executed
effective July 6, 2004, and hereby replaced by the following paragraphs
numbered 1 through 15 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 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).
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 20305 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. This contract shall be a continuation of the contract of the Community
Development Commission of the City of National City, hereinafter referred
to as "Former Agency". The accumulated contributions, assets and
liability for prior and current service under the Former Agency's contract
shall be merged pursuant to Section 20508 of the Government Code.
Such merger occurred May 20, 2008.
7. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member in
employment before and not on or after September 17, 2002 shall be
determined in accordance with Section 21354 of said Retirement Law
(2% at age 55 Full).
8. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member in
employment on or after September 17, 2002 shall be determined in
accordance with Section 21354.3 of said Retirement Law (3% at age 60
Full).
9. 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 21362.2 of said Retirement Law
(3% at age 50 Full).
10. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 20425 ("Local Police Officer" shall include employees of a
police department who were employed to perform identification or
communication duties on August 4, 1972 and who elected to be
local safety members).
b.
Section 21222.1 (One -Time 5% Increase - 1970). Legislation
repealed said Section effective January 1, 1980.
c. Sections 21624 and 21626 (Post -Retirement Survivor Allowance).
d. Section 21573 (Third Level of 1959 Survivor Benefits).
e. Section 20965 (Credit for Unused Sick Leave).
f. Section 21325 (One -Time 3% to 15% Increase For Local
Miscellaneous Members Who Retired or Died Prior to January 1,
1974). Legislation repealed said Section effective January 1, 2002.
g.
Section 20042 (One -Year Final Compensation).
h. Section 20903 (Two Years Additional Service Credit).
11. Public Agency, in accordance with Government Code Section 20790,
ceased to be an "employer" for purposes of Section 20834 effective on
January 16, 1977. Accumulated contributions of Public Agency shall be
fixed and determined as provided in Government Code Section 20834,
and accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20834.
12. 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.
13. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21573 of said Retirement
Law. (Subject to annual change.) In addition, all assets and
liabilities of Public Agency and its employees shall be pooled in a
single account, based on term insurance rates, for survivors of all
local miscellaneous members and local safety members.
b. 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.
c. 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.
14. 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.
15. 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 be effective on the
BOARD OF ADMINISTRATION, )
PUBLIC EMPLOYEES' RET,tREMENT SYSTEM
BY
LORI MCGARTLAND, CHIEF
EMPLOYER SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AMENDMENT ER# 0190
PERS-CON-702A (Rev. 10\05)
day of
CITY COUNCIL
CITY OF NATIONAL CITY
BY
PRESIDING OFFICER
Witness 'Date
Attest:
Clerk
Passed and adopted by the Council of the City of National City, California, on
November 18, 2008 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
City Crk of the City of tional City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2008-240 of the City of National City, California, passed and
adopted by the Council of said City on November 18, 2008.
City Clerk of the City of National City, California
By:
Deputy