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HomeMy WebLinkAboutResolution 99-022 N.C.S. 02/01/1999 of e City of Petaluma, Califolrr~ia RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF PETALUMA MISCELLANEOUS MEMBERS WHEREAS, the Public Employee's 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 procedures to amend this contract is the adoption by the governing body of the public agency of a 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 Section 21573 (Third Level of 1959 Survivor Benefits) for local miscellaneous members. 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 public agency and the Board of Administration of the Public Employees' 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 said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to Council of the City of Petaluma at a (Regular) (t~~~~ meeting fO~ r,,,-_.. on the ....x.51 day of .............k:X121:U.a):.~?.........................., 19.;~;~.., by the f following vote: C y Attorney AYES: Healy, Torliatt, Cader-Thompson, Hamilton, Mag~.lire, Vice Mayor Keller, Mayor Thompson NOES: None ABSENT: None ~ / ATTEST: City Clerk 2 1~Iayor ~ Clark Thompson (7oimcrl Films.._.._ CA IO-85 Res No......9.9. .~Z...~Z............ N.C.S. ~ ~ ~ LJ r-C. ~ 1 1 . 4 7V 1=1 . C;i V'~i r" .,l-i.;t r~1~EI~lID1~'IEIY"I' 'PO ,CCDiv,CT , $ETiVEEN T1FIE B®~I2ID ~DF AI)1<'YINISTRI~TION TAE PfJBL,IC E'li~llaLO~'EES' R~TI~NIEN'~' S~'STEM 4~iI2 TH1E CITY ~'t)ilNf'IL OE TAE CITY f3F PETALiI~iA The Board of Administration; Public Employees' Retirement System,: hereinafter referred to as Board, and the governing body of above public. agency,, hcreinaftcr referred tows Public- Agency, having entered into a contract effective January 1, 1950, and witnessed vUtober 1R, 1949, and as amended effective N'overnber 1, 19.59, .March .1, 195, Sune 1, 1 tJbS, Apr'i1 1, 19b9, January l-, 1974, November •l, 1980, November 1, 1981, July i, 1982, January 1, 1987, December 2$; 1987 January 1, 1992, 3anuary 4; 1996 June 3'0, 1996 and May 4, 1:998 which: provides for participation of Public Agency in said System; Board and Public Agency hereby . agree as follows: A. Paragraphs 1 through 1'Z are hereby stricken from said cozttracfi as .executed effective 1Vfay 1.-998, and hereby replaced by the following paragraphs membered 1 through 1? inclusive: I Aii words and terms used herein which are defined in the-Public Employees' Retirement Law shall have the naeaniztg ~as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age S S for focal miscellaneous members and age 50 for .local safety :members; 2 Public Agency shall participate in the Public E•:mployees' Retirement 5ysten~ frarn .and after January- 1, I95U making its employees as hcreinafter provided, members of said System: subject #o ale provisions of the Rubfie Emplowees' Retirement Law except such as apply only on~ election of a contracting agent}~ and are nc>t provided for herein and tp all amendments to said Law hereafter enacted:. except those, which by express provisions thereof, apply only on the'electon of a contracting agency. 3. Employees .of Public Agency in the following classes shall be€ome members of said . Retirement.System except such in each. such class as are excluded by law or this agreezrterit: a. Local Fire Fighters (herein referred tt~ as local safety members); b. 'Local Police Officers {herein referred to as local safety members); c. Employees other than local safety tncmbers (herein referred to as local miscellaneous .members). 4. in addition to the..classes of employees excluded from membership by said Retirement Law, - the follGwirtg classes af'employc~:s shall non beconte members of said Retirement System' N® EB~DDTTT~3>vi,ai. ~FXC'i.I1SI01\i'S ~-v qq-aawcS iC~. jJPL G1 y~ 1•J~~b fVU:l.~1.1C'` f'':U'~i S~ DQ NAT Sly, "E,i~~ ~l~'~ 5, The percentage of final compensation. tc~ t?e lrovded' for each. _ycar of credited prior and current se_ rvice as a local misccl laneous member shall be determined in accordance with Section 21354 of said`Retirement I.aw'(?0i~ at'a~e. 55 Full:}. 6. The percentage of final cotnperrsation to be provided fc?r each year of credited prior and current service- as a local safei~~ member shall be determined in accordance. with Sedtion 21362 ,of said. Retirement Law (2% ai ageSGI F'aill~: 7 Public. Agency elected and elects to be subject tt~ the following optional provisions: a. Section 21?22.1 .(Special lncrease-1974). Legislation repealed said Section effective January l,, 1-984:_ b. Section 200.42 (bne-Year Final C:ornpensation}. c. Section 20955 (Credit for 11n~tsed Sicl Leave). d. Section 2,1326 Special l%-7%.lncrease) for or on behalf of those local rni5cellaneous members w}i0 retired or died prior to July 1, 1974. e. Sections- 21.624, 21626 and 21628 (Post-Retirement Survivor Allowance) for local ftre members Drily. - f. Section 2 f024 flVfilitary Service Credit a~ Fubiic Service), Statutes of T976. g. Section 21574 (Fourth level e~f 1959 Survivor Benefits) for locale-safety members - only. h. 'Section 2.157: (Third Level of I959 Survivor Benefits} for local miscellaneots members. 8, Public: Agency,, in accordance with GoverniilenT Code Section 20790, ceased fa lie an "employer" for purposes of Section ZOIi_i~ effective, an N~wember I, 1980.. Accumulated contributions ~f Public Agency shall be fixed and determined as provided in Government' . Code Section ?0834, and accumulated contributions thereafter shall be held by the Board! as provided in Government Code Section 2[)854. 9. Public' Agency shall_ contribute •to said ketirement System the contributions determined by .actuarial valuations of prior and future service liability with respect tU local miscellaneous meziabers and"lbcalsafefy members of said Retirement System. 14. PublcAgency~shall also contribute to said Retirement S}stem as folk?ws: a; Contr-bufions required per covered .member on account of the 1959 Survivor Beneftts provided under Section 215?3 Of 5ai(1 Retirement Law. Subject to annual change.) In addition, a1J asse~cs.and liabilities cif F~uliiic Agency and its employees shall be pooled in a ;si.ngle account, based ~n terrn insurance rates, for survivors of all local ' mis¢ehanee~us rimernbers. q~-aa~cS i ~ ~ ll.r L L 1 h w 1 • i-t O IVU . lJ ~J L`i f' . iv14 b. Contribuians required per cc?vered'.nzember on account of the 1.959 Suruivc~r Benefits provided, under Section ~ 1 ~7~ ot~ 'said. Retirement Law. (Subject to annual change:) !n addition, all assets and liabilities ~f P~iblic Agency and its employees. shall 'be pooled in a single account, based on term insurance rates, far survivors of all local. safety members. c. A reasonable .amount,, as fixed by th`e 13Z~ard, pa_vable'in one installment within 60 days of date of contract to .coven the costs Of administering said System as it .affects. the employees of Public .Agency, not including the costs of special valuations or of the periodic investigation ancl` valuations recluired'by law. . d. A reasonable amount, as: #ixed by the Board,. ,payable m one installment as the occasions arise,. to cover the costs cat' special valuations on :account of employees of Public Agency, and' costs cif the periodic investigation and valuations required by law. 11 Contributions.~required of Public Agency anti its employees. shall be subject to adjustment by Board on account of amendments tv the Public .Employees' Retirement Law, and on account of the experience, under the Reiii•etnent System as- dete>Tnned by_ the periodic investigation and valuation-required by said Retirement Law. !2. Gontributivris~required_ofPublic Ageticy and its'employees shall be paid by Public Agency to the Retirement. System within ~fit~een days after. the. end of the. period to which said contribution. refer or as rmay bc~ prescribed ray Board regulation. If more or less than the correct amount of contributions is paid #br .any period, .proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in. contributions- - required of any employee may be -made by 'direct payments between the employee and the Board. B, This amendment shall be effective onahe d'ay ot: _ , l9 BOARD OF ADMTIyISTRATION GITY COUNCIL PUBLIC EMPL01'i?ES" RETIREI\~EI~L'T SYSTE'vl OT: 1l lE F~: CT~'Y OF PETAI,UMA BY ~ B Y ~ KENNETH W. MARZIOPti'~CH:IEF PRF.SII~ING OFFICER ACTU__,.AR1AL,~r.E~MP1<.~3~'ER S~IZVT`CES D><VTSTQI\ PUBLIC EMI'L01'E~`~' RETIREMENT SYSTEM r _ Y''., Witness Daie Attest: =f ~r. Clerk .aMF.?~Ir)MF.VT PlRS-CUV-702A (Rev. 8196)