HomeMy WebLinkAboutResolutions 86-218 N.C.S. 08/04/1986;,,
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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
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TTEST: .-•-•- •-- • ...................................................•--- ......--.......................
ity Clerk
(bunch File--q-• .9...............................
CA 10-85 Res. No8.fj-41.H ............. N.C.S.
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Mayor
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,~ 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~,
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~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
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Section 21'252,.1 shall .be determined in accordance with Section 2125'2;1
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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$2.4'
(This'd Level, of 195'9 Sur-~%vor -Benefits). '
: b. .Section 21222;1 ((.Special 5~ -Increase - 1:97~Q') . I:e,gislation,
,repeal_ed said~:~Secton effective -January 'I, 198D:
c. Section 20024.`2. EOne,-Year Fsnal: Compensat'on!;)-. ~ •
'd. Sect~fo.n 20`862.8' ,(Unused Srek, Leave Credia).
e::: Section 21223 (<Specal Increase) °for or on behalf of,: those- local ~•
miscellaneous members who ret_°red or ,died prior to January 1, ...
1=975. ~ -
' ~f .' `Sections. 2,126`3, 2'1263..1 ' and ~ 2126`3'.3 „(.:Post-Retirement;, Survivor ,°
Allowance) for locale fire. members' onlg,. ,
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p1EAS'~ D~ NBT ,SIGN ~~~XWI~f? ~~dlY'r
9. Public Agency, in accordance with Government Code Section 2074:0,
ceased to~be an "employer"'for purposes of Section 20759 effective on
November 1, 1980.:., Accumulated contributions of~Publc Agency shall be
fixed and determined as provided i_n Government Code Section 20759, and
accumulated'contributions thereafter shall beheld by the Board as
provided `n Government Code Section 20759".
10. Public Agency shall contribute to said Retirement System as follows:
a. With respect. to local miscellaneous members,, the agency shall
coritr.bute the 'following. percentages of salaries earned as
" members: of said Retirement System:
(T) 0.'006 percent until. :June 30;, 20Q0 on account of the
liability for prior service benefits. (Subject to annual .
change,)
(2) 10.385 percent until,Ju~ne 30, 2000 on account of the
liability for current service benefits. (Subject to annual
change.)
(3;) 0 ,11'°$ :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
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Bx' .~~ ..
:KENNETH G. T SON;
ACTING. EXE -VE'"OFFICER
G~~'
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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~
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Witness Date
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A,tt e s:t;:`y~
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~ Clerk ~ I "Date -