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HomeMy WebLinkAboutResolutions 86-218 N.C.S. 08/04/1986;,, ._ ~ ~ Resolution No. s6-218 N.C.S. of the City of Petaluma, C~lifomia MJA:cw 8-4-86 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 PETALUMA 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 governing body of the public agency of the 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 Sections 21263, 21263.1 and 21263.3 (Post Retirement Survivors Allowance) for local fire members only . 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' Restirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved s Council of the City of Petaluma at a (Regular) (~~,~il§~~~8~p~meeting f on the .-------4th-----..... day of ...-.....-.~1.4g.11~~ .................................. 19...~.~, by the following vote: ity ttorney AYES: Davis, Sobel, Wloolsey, Cavanagh, Balshaw, Vice Mayor Tencer, Mayor Mattei NOES: None ABSENT: ~ No - --- TTEST: .-•-•- •-- • ...................................................•--- ......--....................... ity Clerk (bunch File--q-• .9............................... CA 10-85 Res. No8.fj-41.H ............. N.C.S. _~~,/~~~ Mayor r ' ~1~~~+1 ,~ C~\C~~ .AMENDMENT TO CONTRACT ~Q BETWEEN THE ~~~ ~~ BOARD OF OFMTHESTRATION ~.~~~ PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND 'THE CITY COUNCIL OF THE CITY OF PETALUMA ' The Board of Adminstrat.on,. Public Employees' Retirement System, hereinafter referred to as Board, ,and the governing body of above public agency.,. heren- after referred to ass ,Public Agency, .having .entered =into:. a contract .effective January 1, 1.950, and wiwtnessed October 18, 19.x`9, and as amended effective August 1, 195'9, November 1, 195-9.,•. March 1, 196:5, June 1, 1965, April 1, 1969, January 1, 1974, November 1-, 1980, November 1, 1981 and July T, 1982, which provides for .participation of Public Agency in said°'System, $oard and Public Agency hereby agree ~as •follows: A. Paragraphs 1 through 11 are hereby stricken from .said contract as executed effective July 1,, 1'';982, and hereby replaced by. the following paragraphs numbered 1 through 1'2 inclusive: 1. All words and terms' used herein" which are defined in the Public Employees' Retir.emen Law shall have:the meaning as defined therein unless otYierwise specifically provided. "Normal retirement age" shall mean age 6'O for local miscell°sneous members and age 55 for local safety members.. • 2. Public Agency shall'particpate yin the Public Employees' Retirement System from :and after',January 1, 1950 makifig its employees as hereinafter provided, members of 'sad~System subject to all provisions of the Publ•e Employees^' Retiremen Law except such as apply only on election of a contracting agency and are not provided for herein and to all. amendments to aid Law:her.eafcer 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 Ret••ir.ement;,Syst.em except ~sueh in each such class as a"re excluded 'by law or this agreement: a;.. 'hocal Fire Fighters (-herein referred to as locah safety members);. b. Local Police Officers (herein, ref erred to as local safety members); • c;.: Employees other than local,; ;safety' members Cheren.referred to as o,ca`l °,miscellaneous membersJ~, r ,.s .. , : - __ __..__"__.~.~_~___._,.__ ____i`__ _ .. _.. . .. pi'~~as~ ~o ~~~r SIGN „-- _:. ~ __ ~xH~~rt er~t~~„ 4. 'In addition to the classes of emp-loy:ees excluded from membership by said Retirement L"aw,, the° following .classes of employe"es shall not become members of ''sa'id 'Reti~remen.t System: NO ADDITIONAL ERGLUS'IONS 5. The frac~to.n of final couip~ensati~on to 'be provided for each ~y.ear of credited pr: or~~ and! current s'er~c.e. as a" local `miscellane'ous member ;shall. be determined in accordance .wtYi Secfion 21251..13 of_ said " `Retr-ement Law (2~ as age 6°0 Fuh): 6. The fraction of, final, compensation to be provided' fora Each year of credited prior .and', eurren~t ser~i'ce fo"r those local :fi're members who did not. elect wi'th~irn 9.0 days .of' November 1, 1981 and !police. members wh'o: did not elect'.w:thin ;90 days: of July 1' 1982, !to continue vender. the prow ions :of Section `21252;.1 shall ,be de;t.ermined in accordance with Section •2;1:.252..,6 of. "said Retirement Law (2~ apt, a:ge ~., 55 FuT1). 7`. ;The fraction' of final: compensation :fo' be provided :for' each" year of er.edted prior and :cur~en.t service for local fire Mme"tubers who elect within 90 days` of November 1, 1981 • aria local police members who elect. ~. wihin 90~ :days of July 1 , 11982 to continue. under the proq~sions "of - ,_ Section 21'252,.1 shall .be determined in accordance with Section 2125'2;1 - t. , of said `Retirement Law (One-ha;lf °pay at age 55' Fu1-1).: 8: The, folTowrrg ~addi,tional p;rov~sons of the ~Publ;ic Emp~loyees:~'~ °Retrement Law°, which apply only upon. election of a contract~n~ _ agency, shall ,.apply :to .'thee Publ%cAgency ;and' its employees;: a.. .Sections 21380' - 21387 (.1,959 Survivor Pro;gr-a~)'a exc'luding -Section 21382..;2 (Increas.ed 1'95:9 'Survivor- Benefits-) and Section 2,1'3$2.4' (This'd Level, of 195'9 Sur-~%vor -Benefits). ' : b. .Section 21222;1 ((.Special 5~ -Increase - 1:97~Q') . I:e,gislation, ,repeal_ed said~:~Secton effective -January 'I, 198D: c. Section 20024.`2. EOne,-Year Fsnal: Compensat'on!;)-. ~ • 'd. Sect~fo.n 20`862.8' ,(Unused Srek, Leave Credia). e::: Section 21223 (<Specal Increase) °for or on behalf of,: those- local ~• miscellaneous members who ret_°red or ,died prior to January 1, ... 1=975. ~ - ' ~f .' `Sections. 2,126`3, 2'1263..1 ' and ~ 2126`3'.3 „(.:Post-Retirement;, Survivor ,° Allowance) for locale fire. members' onlg,. , ~, i.. _ - - .. k~. . , ,, ~ , ~ .~ _ ~._ ,u. _ :._...__ p1EAS'~ D~ NBT ,SIGN ~~~XWI~f? ~~dlY'r 9. Public Agency, in accordance with Government Code Section 2074:0, ceased to~be an "employer"'for purposes of Section 20759 effective on November 1, 1980.:., Accumulated contributions of~Publc Agency shall be fixed and determined as provided i_n Government Code Section 20759, and accumulated'contributions thereafter shall beheld by the Board as provided `n Government Code Section 20759". 10. Public Agency shall contribute to said Retirement System as follows: a. With respect. to local miscellaneous members,, the agency shall coritr.bute the 'following. percentages of salaries earned as " members: of said Retirement System: (T) 0.'006 percent until. :June 30;, 20Q0 on account of the liability for prior service benefits. (Subject to annual . change,) (2) 10.385 percent until,Ju~ne 30, 2000 on account of the liability for current service benefits. (Subject to annual change.) (3;) 0 ,11'°$ :percent until June 3b, 20:0:4 on account of the liabliay for the 195'9 Survivor Program. (.Subject to annual change:.) (4) 0.424 percent until J.une.30-, 1995 on: account of the liability,for the benefits pro~id'ed under Section 21:223 of sasd.Retrement Law: (~SUbject to annual. change.) b. Witfi respect`to local safety members, the agency shall contribute the following percentages. of salaries earned as members of said Retirement System: (1;) 0.31''8 percent until J,une~ '30., 19.89 on account of the ~labil~ity :for prior service benefits:,. ("Sub j:ect toy annual charr'ge. (•2)' 1.6..702 percent. until: June. 30, 2QQ.0 on, aecourrt of t_he: ~ _ _ '1`iabli.ty •for current. service. benefi-t's. (Subject to annual change.) (;3) 0',:1.20 percent until June 30', 2000 •on :account. of then _ , 1i~ablity..for the 195:9 .Survivor Program:. :(Subject to annual ' change..) c., A reasonable amount,.. as fi~:xed' by the;, Boar,d,, payable -in one in- stallcnerit within. 6'0 days of date of :contract to cover the: costs of admini tering aad System: as °it affects the employ;ees~ .of J. Publ:c• Agency,. not including the. costs of specialvaluations or ' .of the periodic investigaton.:and valuations required by law., 4. d., A reasonable- amount:; as fixed by the: Boar. d,, payable~in, one in- stalTment .as. the occasions arise, .to cover-the :costs, of special v:alu'at'ion's on account :of employees of Public. Agency; and costs of the °periode :in.~estigaton, and v,aluation's required. by. law°. 11., 'Contributions required of Public Agency and~its employees shall be subject. to ad justment~ by -Board on account of amendments, to the 'Public °Empl~oyees" Retirement; Law,, and on account of the experience under the .Retirement System. as determined by the periodic investigaf;on and valuat-ion required by sa:id.Retirement'Law:, '12. Contributions required ~of Public Agency and its empl':oyee_s 'shal:fi. be paid by Public Agency to thee: Retirement System~:withn thirty d?ays after the end of the. ;period. to which said' contr,'butons re:fer~or as :many tie prescribed by Board regulation. If' more, or less .than. the:, :correcf amount of. contributions is paid for any',pero'd,: proper adjustment shall be made in connection with subsequ.e.nt rem'ttan.ces. Adjustments on ;account of errors in contribut=ions required of .,any employee may be :made by"di_rect payments between. the employee and the '$o ar d. B. °Ths amendment shall b.e effec"tiwe on: the' day of 19 BOARD OF ADMINISTRATION. PUBLIC EMPLOYEES' RETIREMEN~ST~EM o `~~~~~~ Bx' .~~ .. :KENNETH G. T SON; ACTING. EXE -VE'"OFFICER G~~' ~~~~~ Approved as to, form: Legal Office;., ~ Date PER'S-CON-702. (AMENDMENT). (Rev,. 9185') CITY ~COUN,CIL OF THE CITY'OF..PETALUMA. BY _ Presd;igg Officer O~ ~~~ _,~~. Witness Date 1~\~ . A,tt e s:t;:`y~ ~~ ~~~~ „ ~ Clerk ~ I "Date -