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Home My WebLink AboutResolution 9270 N.C.S. 09/08/1981, : . 1 t . ~ ~ ~:o ~` ~ ' ~ SEP 4 1989 ~ 6 . , ~ . ~ . , ~ ReS01`~.(f10Y1.1v0. ~z ~:n N: C. S. ~_ . ~: : of the City of Petaluma;.:CaYifornia = RESOLUI'IOIV OF INTENTION. TO APPROVE AN AMEI~]DM~]T 'TO CONTRAC°r. $E'I~nTEEL~1 , . ~ 'TI~ BOARD OF' `ADNIINISTRATION OF THE PUBLIC ~!!IPLOYEES' RETIRIIKQ~IT ! SYSTEM AND THE'.CI'I'Y COUNCIL OF THE CITY OF PETALUMA, CALIFORNIA. ~ ~ I~RE~S, the Public Employees'~Retiremexit Law~permtts the participation , of pu~.blic agencies and their employees!in the Public Er~ployees' Retirement System by the eXecutiori of a eontract;.and sets forth the_ proceclure by which said public agencies may elect to subject t:hemselves and their employees fo amendments to said law; and ~ - ' . .. 6~REAS, one of the steps in.the procedure to.ainend the contract is the adoption by the legislative body of the pu}~lic agency of a resolution giving notice ~ _ ~• of its intention to approve an ametichnent to-said contraet, which resolution shall _ contain .a s~~ary of the change pr-oposed in. said ~contract; and, t~af-iEREAS, the following is >a statement of the prot~osed change: ~ To provide Sectiori 21252.6 (2o at 5'5.Fu11 Formula) ~ for local ~fire safe"ty. members ornly. ~ ; " ' l~dOW, TF~REFORE, `BE IT~ F2ESOLV.ED, that :the go~erning body of the above agency ~ give~,,`and it does hereby give notice of intentiori`to`approve an amendment to the contract betweeri the saiel.governing_body and the;Board of"Administration of the ; . _ Public Employees' Retirement System; a copy of said''amench~nt being attached hereto, ~ as, ari "Exhibit" and ~ by tliis refererice made a part hereof . . ,~ , .. . . . . . . . • ~ Y '~{- ;r;.. ; : - ,' . . . ~._~ - . f , . ~ f: ~ ~.., . ,, . . . .,. Under the power and~ authority conferred :upon- this Council_. by the Gharter of' •said City. . C uncil of t e Citye of rPeoalu,maR at latl(Regulae~ntr~~e~`~~d~~~~e hng• A pro~ astt - . .. . . . on` <che ..•••••8:~.~1.,..; _.. day of ......Siep.t.einb.G.z:._........-••••-••••..,. ~19.81., by th: ~ . ° . followine: vote: •- - . _ _... ;. _,_: .,._..,.. ` C~ty. tlttor AXES: HA~RBERSON~,~ BOND , BATTAGLI A, BALSH~AW:; CAV.9NAG --; ~~MAYQR; MATTE:I - f NUES: NON] ABSENT: ~. ATTEST: - FO,RM'CA 2'fL80 ~ > ~ - _ Z~~L~.% • . . - ... ------- ....... ..:...~ --•-- •-----•--......_....------......., 4-0.3 1vlayor ' . '~.(:OUNCIL~tIL - ' ~ ~ ~ .. _ _ .~ _. . . . ~ RES'., No: ~ AMENDMENT TO CONTRACT BETk1EEN THE BOARD OF ADMINISTRATION ; PUBLIC EMPLOYEES' RETIREMENT SYSTEM ' . AND THE I CI~7f COUNCIL ~ OF THE ~CITY OF PETALUMA • The Board of Administration, Public Employees' Retir.ement System, herein- 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 October 18, 1949', effeetive January 1, 1950, and as amended effective August 1, 1959, November 1, 1959, March 1, 1955, June 1, 1965, April 1, 1969, January 1, 1974 and November 1, 1980, which provid'es for participation of Public Agency in said System, Board and Public Agency he~eby agree as follows: A. Paragraphs 1 through 10 are hereby .stricken from sa~~ contract as executed mber 1 1 80 and hereby replaced by ~e foliowing paragraphs effective Aove , 9 , ~ numbered 1 through 12 inclusive: ~ 1. All words and terms used herein which are d~~ined in the Public Employees' Reti•rement Law shall have. the meaning as defined therein unless otherwise specifically provided. "~;ormal retirement age" shall mean age 60 for local miscellaneous and a~ge~55 for local safety members. . a...a. 2. Pub,lic Agency shall participate in the ~ lic Employees' Retirement System from and after January 1, 1950 ~''~ing its employees as hereinafter proyided, members of said`~°~stem subject to all provisions of the Public`Employees' Retirement I~f ezcept such as.apply only on election of a contracting agency an.''~e not provided for herein and to all amendments to said Law herea~r enacted except such as by ' express provisions thereof apply only on the election of contracting agencies. 3, Eanployees of Public Agency in the following classes shall become members of said Retir.ement System except such in each such class as are excluded by la~r 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 safe'ty members (herein referred to as Iocal miscellaneous members). In~addition to the classes of employees excluded from membership b~ ~ said Retir"ement Law, the following al"asses of employees shall not ~ become members of said Retirement System: ' ~ NO ADDITIONAL EXCI,USIONS ~o~-o ~ COVNCI.L iA1LE : O ~ . . i~g~. NO.. EXH 1 ~ 1°~ A ; ~~.! a~~. 4. The fraction of final compensation to be provided for each ~year of ~ credited prior and current service as a local miscellaneous member ~ shall be determined in accordance with Section 21251•13 of said ~ Retirement Law (2~ at age 60 Fulll. ~ The fraction of final compensation to be provided for each year of credited prior and current service as a local police member shall be determiried in accordance with Section 21252•1 of said Retirement Law (One-half pay at age 55)• 5. The fraction of final compensation to be provided for each year of credited prior'and current service as a local 'fire member shall be determined in accordance with Section 21252•6 of said Retirement Law (2`,~ at age 55 Full). ~ 7. Paragraph 6 shall not apply to those local, fire members who elect to continue under the provisions of Section 21252•ti within 90 days of the effective date of this contract amendment. 8. The folloc~ing additional provisions of the Public Employees' Retire- ment Law which apply only upon election of ~ contracting agency shall apply to the Public Agency and its employe~~': ~ a. Section 2095?•5 (Age 50 voluntary ~irement) for local safety members only. ~~;- b. Sections 21380-21387, (1959 Sur~i~ors Program), ezcluding Section 21382.2 (Inc:reased 1959 Survi G benefits). ~ ~. c. Sect-ion 21222.1 (Spe.cial 5~ ~~rease - 1'970). d. 5ection 20024•2 (One-year ~al compensation). ~ e. Section 20862.8 (Unused ~s~ck leave credit). ~ ~'J f. Section 25223 (Special~ncrease to members who retired or died . prior to January 1', 14~,`P5) , for locaT 'miscellaneous members only. 9. Public Agency, i,n accordance with.Section 20740, Government Code, ceased to be an "employer" for- purposes of Chapter 6 of the Pub2ic Employees' Retirement Law effective on November 1, 19~• 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 afor:ementioned date and contributions thereafter made shall be held bp the Board as pro~ided in Seetion 20759, Government Code. 10. Public Agency shall contribute to said Retirement System as follows: a. W,ith respect to miscellaneous. members, the agency shall con- tribute the following percentages~of monthly salaries earned as miscellaneous members of said Retirement System: (1.) 0.02'~ percent until June 30, 2000 on account of the liability for prior service benefits. COUNCIL FILE q ~'`~ n-.~e~ R68. NO, EX~~I ~~ ~ e~q~~~~~ (2) 12.690 percent on account of the liability for current service benefits. , (3) ~•534 percent on aceount of the liability for the 1959 Survivor Program. b. With respect to local safety members, the agency shall contribute the following percentages of monthly salaries ear~~d,as local safety membe.rs of said Retirement System: ~~~ (1) 0.332 percent until June 3~~ 1989 on a`Spu~nt of the liability 'for prior service benefit~~ii~~ ~~~ (21 }5.640 percent on.account of th~iability for current service benefits. ~~~ ~~ (3) ~•ti94 percent on accoun~S~`' the liability for the 1959 Survivor Program. ~~ , c. A reasonable amount p~',,~~~nnum, 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 o.f special valuations or of the per,-iodic investigation and valuations required by law. d. A reasonabTe sidount as fixed by the Board, payable in one install- ment as the occasions arise, to cover the costs of special valua- tions on account of emplopees of Public Agency, and costs of the periodic investigation and valuations req,uired by law. 11. Contr-ibutions required of Public Agency and its. employees shall be subject to adjus-tment by Board on account of amendments to the Public Employee.s' Ret~irement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 12. 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 Boa.rd regulation. If more or less than the correct am'ount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances, or adjustments on account of errors in eontributions required of any employee may be made by direct cash paymerits between the employee and the Board'. Papments by PubTic Agency to Board may be made in the form of warrants, bank checks, bank dr,afts, certified checks, money orders or cash. 7~~-0~ COUNCIL FILE -~-~_ R~B. NO. _92.7_0 ~~~~~~~ ~~~ _ . U~ ~~-= -°'~ ~ B. This amendment shall be a~ttached to said contract and shall be effective on the day of , 19_ Witness our hands the day of ,~9_ BOARD~OF ADMINISTRATION CITY COUNCIL PUBLI~C EMPLOYEES' RETIREI!~NT SYSTEM OF THE BY ~ Carl J. Blechinger, Executive Officer ~~ CI~ OF PETALUMA ~ '~~ ~~ BY Presi~'~g Officer 6~ ~ Attest: ~~ ~ ~~ ~ ~ Clerk ~ ~~ PERS CON-702 ~ . . ~~~-~~- COUNGIL FILg 92 R~B. NO. EXHI~r`~ ~ ~ ~ ~ ~ . .- ~~.~~ - _ .. Approved as to form: