HomeMy WebLinkAboutCC RESO 12,843RESOLUTION NO. 12,843
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 Employee's Retirement System by
the execution of a contract, and sets forth the procedure
by which said public agencies
selves and their employees to
WHEREAS, one of the
may elect to subject them -
amendments to said law, and
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 of the change
proposed in said contract, and
WHEREAS, the following is a statement
proposed change:
To provide Section 20983.6 which
removes miscellaneous members'
mandatory retirement age of 67,
upon competence certification by
agency.
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 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.
1978.
ATTEST:
of the
PASSED AND ADOPTED this 12th day of September,
MAYOR
CITY CLERK
EXHIb.,._ "A'
AMENDMENT TO CONTRACT BETWEEN THE
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF NATIONAL CITY
The Board of f.dministration, Public Employees' Retirement System, herei
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 May 1, 1948, effective July 1, 1948, and as amended
Effective Marcy 1, 1954, July 1, 1954, April 1, 1956, April 1, 1970,
Uecember 1, 1972, September 28, 1973, October 1, 1973, March 1, 1974,
October 1, 1974, January 15, 1977, which provides for participation of Public
agency in said System, Board and Public Agency hereby agree as follows:
1.. Paragraphs 1 through 8 are hereby stricken from said contract as
executed effective March 1, 1974, and hereby replaced by the
following paragraphs number 1 through 10 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 miscellaneous members and age 55 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 such as
by express: provisions thereof apply only on the election of contracting
agencies.
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 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
miscellaneous members).
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:
EXCLUDE PERSONS HIRED ON•OR AFTER OCTOBER 1, 1974, WHO
ARE EMPLOYED ON A TEMPORARY AND/OR SEASONAL BASIS IF
IT IS A CONDITION OF EMPLOYMENT AT THE TIME OF HIRE
THAT SAID EMPLOYMENT NOT EXCEED SIX MONTHS.
CON-702-1
4. The fraction of final compensation to be provided for each year of
credited prior and current service as a miscellaneous member shall
be determined in accordance with Section 21251.13 of said Retirement
Law (2`» at age 60).
5. The fraction of final compensation to be provided for each year.
of credited prior and current service as a safety member shall
be determined in accordance with Section 21252.1 of said
Retirement Law (One-half pay at age 55).
6. The following additional provisions of the Public Employees''Retirement
Law which apply only upon election of a contracting agency shall apply
to the Public Agency and its employees:
a. "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 membership on or before September 28, 1973.
b. Sections 21263 and 21263.1 (providing upon the death of a
member who retired for service or disability for continuance
of a post -retirement survivor allowance to certain survivors).
c. Sections 21380-21388 (providing for allowances for survivors
of members covered under the 1959 Survivor's Program upon the
member's death before retirement).
d. Section 21222.1 (providing a five -percent increase in allowance
to which the annual cost -of -living provisions apply, payable
for time commencing on the first day of the calendar month
coinciding with or next following the effective date of the
amendment to add this section to this contract, to or on account
of members retired or deceased on or prior to December 31, 1970).
e. Section 20862.8 (providing service credit at retirement for
unused sick leave).
f. Section 20952.5 (providing for age 50 as the minimum voluntary
retirement age for local safety members, with benefit payments
commencing prior to age 55-subject to actuarial discount).
g•
Section 20983.6 (providing that miscellaneous members attaining
age 67 may continue in employment irrespective of age as members
of said System upon certification of the member's competence by
Public Agency).
7. 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 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 afore-
mentioned date and contributions thereafter made shall be held by
the Board as provided in Section 20759, Government Code.
CON-702-2
8. Public Agency shall contribute to said Retirement System as follows:
a. With respect to miscellaneous members, the agency shall
contribute the following percentages of monthly salaries
earned as miscellaneous members of said Retirement System:
(1) 14.196 percent on account of the liability for current
service benefits. _
(2) 0.262 percent on account of the liability for the
1959 Survivor Program.
(3) G.170 percent until June 30, 1983 on account of the
liability for the benefits provided under Section
21222.1 and/or 21222.2 of said Retirement law.
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) C.084 percent until June 30, 2000 on account of the
liability for prior service benefits.
(2) 18.468 percent on account of the liability for current
service benefits.
(3) 0.230 percent until June 30, 1983 on account of the
liability for the benefits provided under Section
21222.1 and/or 21222.2 of said Retirement Law.
c. 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 periodical investigation and valuations
required by law.
d. 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 periodical investigation and valuations
required by law.
9. 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 periodical
investigation and valuation required by said Retirement Law.
10. 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 correct amount of contributions is paid for any
period, proper adjustment shall be made in connection with
subsequent remittances, or adjustments 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.
h. This amendment shall be attached to said contract and shall be effective on
the day of , 19
Witness our hands this
day of
BOARD OF ADMINISTRATION ° COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
1Y
Carl J. Blechinger, Executive
Approved as to fors:
, 19
OF NATIONAL CITY
lce"‘
BY
Presiding Officer
Legal Office, PERS
Attest:
Clerk
CON-702-4
9h
CERTIFICATION OF GOVERNING BODY'S ACTION
1 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, California
(Name of Public Agency)
on September 12, 1978
(Date)
Volume 58 of the (Minutes)
MC4CIP<P009g9W91 of the
City Council
, appearino at Page 240
(Governing Body)
CITY CLERKxxac
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