HomeMy WebLinkAboutResolution 9397 N.C.S. 03/15/1982. ' . . t ~ '
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~~ _ • ~~SOIUt1O1"1 ~O: 9'397 N.,~.'~. .
~". ~ ~ of t~he City of Petaluma, California- .
RESOLUTION OF INTENTION TO' APPROVE AN
AMENDMENT TO CONTRACT BETWEEN THE'
~ . . . .BQARD ,OF ADMINISTRAT~ION~ OF :THE PUBLIC
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~ ~ . `EMPLOYEES°' RETIREMENT SY,STEM AND THE .
' CITY "COU_NCIL OF THE .CITY.~QF PETALUMA
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= WHEREAS ; the~~ Publie :EmpToyee.' s; ~1Retirement Law. per-mits tlie; parti.cipat-ion
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of , public~~.ageneies and thei'r empl^oyees, i`n the 'Public `Employees'
. Retirement System by the'execut-ion o~f a,:contract,•and sets forth
. the procedure by which said public'ageneies ma_y elect to subject
themse,lves and ~their. employees,- to ameridinents to ~said law.; and ,
~ WHEREAS; one. of the ;steps• .in~ the procedure; .to, amend tYi'is contract is
the adoption of the legislative body of the~public agency of a
resolution giving %ts-intention to approve an amendment to said
contract, which resolutiori shall contain a•suinmary of the change
progosed in said' coritract; and
wHEREAS, the following.•is~a statement of the-proposed ch'ange:
' .' To provide a.formula change ~from~ =z ~at 5'5 to 2 a at
55 FuTT Formula for l~cal~police:members,only.
NOW, THEREFORE, BE IT~RESOLUED, fihat the governing-'body of the above
agency gives, and it does hereby give notice of intention to
approve an amendment to~the contract~'between the said go'verning ~
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body and the Board of Administra-tion of the Public Employ'ees'
Retirement 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 .Faid City.
I. hereby certify the. foregoing Resolution was introduced an8 ;adopted by the
Council of the City of Petaluma at a(,Regular) ( ~p ~ ) meeting Ap~ as to
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on the .~.~.t~1 ....,, day of ....._.M~rch----:.. ....... ........... 19._ ~.,'by the ~
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following vote,: ~
City ~Attorney ~
~ AYES; PERRY, BATTAGLIA, VICE MAYOR CAVANRGH
1vOES:. NQNE , .
ABSENT: H S ON , B ON ~ AW ~.~
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ATTEST:. -- -- - ' . .................. . . .
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~ Gity Cler Mayor, -
~ COUNCIL FILE ~ ~
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FORM CA 2; 1'/80 . ;Res., No, 939 7 _ ~.. 2 o f~6
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AMENDMENT TO GONTRACT BETWEEN THE
BOARD OF A~DMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF PETALUMA
,
The Board of Administration, Public Employees" Retirement System, herein-
after referred to as Board, and the governing body of above public agency,
hereinafter referred to as Public Agencq, hav"ing, entered` into a contract under
date of October 18, 1949, effective Januarp l, 19:50, and as amended effective
August 1, 1959, Noyember 1, 1959, March 1, 19'65, June 1, 1965, April 1, 1969,
January 1, 1974, November 1, 1980 and November 1, 1981, which provides for
participation of Public Agency in said Syetem,"Board and Public Agency hereby
agree as follows:
A. Paragr.aphs 1 thr-ough 12 are hereby :atricken from said contract as executed
.effective November 1, 1981, and hereby replaced by the following paragraph's
nwmbereii 1 through 11 inclusives:
1. Al1 words and terms uaed herein orY~ch are defined in the Public
Employees' Retirement Law shall~e the meaning as defined therein
unless otherwise specifically ided. ~~N.ormal retirement age~~ shall
mean age 60 for local miacell~ous and age-55 for local safety
members. .~ .
2. . Public Agency shall parti pate in the Public Employees' Retirement
System from and after J~a~ary 1, 1950 making its employees as
hereinafter pro~ided, ~ibera of said.System ,subject to all proviaione
of the Public Employ~e~e~~ Retirement Law except such as apply only on
election of a contr ~ing agency.:and are not provided for herein and
to ell amendments ~ said Law hereafter enacted except such as by ~
_.express:provisioi~s~'thereof apply only ori the election of contractin~
agencies. ~4
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3. 'F~ployees of ~ublic Agency in the foI'lowing classes shall become
members of said R'etirement System except such in each such class se
are excluded by law or this agreement:
a. Local Fi-remen (herein referred to as local safety members);
b. Local Policemen (herein referred to as local safety members);
c. Employeea other than local eafety members (herein referred to as
Tocal miscellaneoue members). ~
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In addition to the classes of employees excluded from memberahip by
said Retirement Law, the following classes of employees shall not
become members of said Retirement System:
NO ADDITIONAL EXCLUSIONS
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4. The fraction of final compeneation to be pnovided for each year of
credited prior and current aervice ae a local miscellaneous member
shall be determined iri accordance with Section 21251•13 of said
Retirement Law (2~ at age 60 Fu11).
5. The fractio~ of final. eompensation to be~provided for each year of
credited prior and current aervice as a local safety member shall be
determined in accordance with Section 21252•6 of said Retixement Law
(2~ at age 5'5 Full).
6. Paragraph 5"shall not.apply to those local fi:re members who elected to
continue under the provisions of Section 21252,•1 within 90 days of the
amendment to contr-act dated November 1, 1981 or to those local police
members who elect to continue under the prqvisione of Section 21252.1
within 90 days of this amendment to contract.
7. The following additional proviaions of the Public Employees' Retire-
ment Law which apply only upon election of a contracting agency shall
apply to th'e Public Agency and it.s employees:
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a. Section 20952•5 (Age 5~oluntary retirement) for local safety
• members only. ~
b. Sections 21.380-21387 1(Y959 Survivors Program), excluding Section
21382.2 (,Increased ~i9~Survivors benefits).
c. Section 21222.1 (:~'p~ ial 5~ increase - 1970). ~
d. Section 20024•2 e-year final c,ompensation).
e. Section 20862:~`Unuaed sick leave credit).
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f. Section 2122 Special.increase to members who retired or died
prior to Ja ry 1, 1975) for. local miscellaneous members only.
8. Public A~ency,. ~accordance with Section 20740, Government Code,
c~ased to be a~employer" for purposes of. Chapter 6 of the Public
Employees' Retirement Law effective on November 1, 1980. Accumulated
contr'ibutions of Public Agency as of the aforementioried date shall be
fixed and de.termined as provided in Section 207.59, Government.C'ode,
and accumulated contributions as of the afor.ementioned' date and
contributions tNereafter made shall be held by the Board as provided
in Section 20`759, Government Code.
9• Public Agency ehall contribute to said Retirement System as foll.ows:
a. With respect to miscellaneous members, the agency shall con-
tribute the following percentages of monthly salaries earned as
miscellaneous members of sa~id Retirement Syetem:
(1) O.Q23 percent until Ju_ne 30, 2000 on account of the
liability for prior service benefits.
RESO. 9397 NCS 4 of 6
(2) 12.690 percent on account of the liability for current
service benefits.
(3) ~•534 percent on account of the liability for the 1959
~urvivor Program.
b. With xespect to local safety members, the agericy shall contribute
the following percentages of monthly salariea earned as local
safety members of said Retirement System:
(1) 0.332 percent until June 30, 198g on account of the
liability for prior service benefits.
(2) 16.108 percent on account of the.liability for current
service benefita.
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(3) ~•~95 percent o~account of the liability for the 1959
Survivor Progra~, .,
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c. A reasonab'le amount p~annum., as fixed by the Board to cover the
• costs of administerin aid.System as it.affects the employees of
Public Agency, not inc~ding the costa of special valuations or
of the periodic investi~tion and valuations required by law.
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d. A reasonable amount as ~ ed bp the Board, payable in one install-
ment as the occasions ar,-3~, to eover the costs of special valua-
tions qn account of employ~es of Public Agency, and costs of the
periodic investigation an~aluations required by law.
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10. Contr.ibutions required of Publi~gency and its employees shall be
subject to ad,juatment by Board on account of amendmenta to the Public
Employees' Retirement Law, and o~ccount of the experience under the
Retirement Syetem as determined b~the periodic investigation and
valu ation required by said Retireme~t Law.
11. Contributions required of Public Agency and its employeea shall be
paid by PubTic Agency to the Retirement Sy-stem 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
adju~stment shall be mad'e in connection with subsequent remittances, or
adjustments on account of errors in eontribu'tions required of any
employee may be made by direct cash paymerits between the employee and
the Board. Payments by Pub].ic Agency to Board may be made in the form
of warrants, bank checks, bank drafts, certified checks, money orders
or cash.
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B. This amendment sha11 be attached to said contract and shall be effective on
the day of , 19_
Witness our handa the day of , ~9_
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF THE
BY
Carl J. Blechinger, Exeeutive Officer
Approved as to form:
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C thia G. ese er, Legal Office, Date
CITY OF PETAI,UMA
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BY '~
Pres ' "ng Officer
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