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Home My WebLink AboutResolution 91-252 08/19/1991ReS0llltlOirl No. 91-252 N.C.S. of the City of Petaluma, California 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 agen~s 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 -tA 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 the resolution giving notice of its intention ~ 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 Seci~on 20930.3 (Military Service Credit as Public Service) for local miscel- laneous 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 the said governing body and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment bPang 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) (Abl}~~IB~~d~ meeting fO~ on the ..----._.1.9th.-..... day of .....................Au.g]u5t......................., 19....~~ by the following vote: ..--•------- .................. City Attorney AYES: Read, Cavanagh, Nelson, Vice Mayor Woolsey, 1~layor Hilligoss NOES ABSENT ATTEST CA 10-85 .~ Mayc_ (bunch File .................................... xes. No.......91.-252...... N.c.s. -...... `~ ,. A1V](ENDMENT' To :cON~'ItACT - . ~O BETWEEN TI-IE BOARD ~OF ADMINISTRATION OF' TIIE" I'~I,IC EI~LOYEES' RETIREMENB` SYSTEM AND. THE CIS COUNCIL, OF' TEIE CITY OF PETAI,UIVIA ~~ ~r ~//~` ~~ ~~~ `l'he Board- of Administration;, Public Employees' .Retirement System, hereinafter referred to as .Board, and the: governing body of above. public aagency, hereinafter referred to; as Public. Agency, having entered into ~a contract effective: January 1, 1950; and :witnessed October i8, 1949; and as amended effective August '1, 1959, November 1; 1959, March 1, 19.65, June 1, X1965,. April 1, 1969,. January 1, 1974; November 1, 1980, November 1, 198'1, July 1, 19.82, January ,l, 1987' and December 28, 1987, which ._ _ provides for participation of Public. Agency m said .System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 11 are hereby stricken .from 'said contract as executed effective December 2$, 1987, and hereby replaced by the following paragraphs :numbered 1 through 12 inclusive: 1. All words and terms used herein~:whch are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. ".Normal retirement age" shall mean age 6Q for local miscellaneous members and age 50 for local safety members. 2. Public A enc shall ~~ g y participate m the :Pulilic Employees' Retirement System from and after January 1; 195U making its employees as fierei_nafter provided, members. of said System subject to all' provisions of the Public Employees' Retirement Law, except such as,:apply only on election ,of a contracting, agency ;and are not provided for herein and to all amendments to said Law hereafter 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. hall .become: members of said .Retirement System except such `in each, such class as are excluded by 'law or this agreement: a: Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred. to as local safety members); ~~ ~~G~ c. .Employees.. other than local afety members (Herein referred to as local miscellaneous members). ~ _ . •i y ., ` . y ~L~~SE DO NOT' SIGN "EXHIBIT ONi~°'' 4. In addition to the- classes of employees excluded from membership by said Retiremenf;Law, the following classes of~employees shall :not , become ,members of ,said .Retirement, System; NO ADDITdONAL EXCLUSIONS 5. 1fie. percentage of final ,compensati'on.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 Full). 6. ~ The' percentage. of final 'compensation tg be provided. for each year of credited prior and current. service as a local safety :member shall be determined 'inaccordance with Section 21252.01 of said Retirement Law (2'90 at age 50' Full). 7. Public .Agency elected. to be subject to the following optional provisions: a. Sections 2'1380-21387 (1959 :Survivor Benefits) excluding Section 21382.2 (Increased 1959 Survivor Benefits)' and. Section 2:1382.4 ('Third Level of 1959 Survivor Benefits).. ' b. Section 21222.1 (Special 5% Increase- 1970). Legislation,repealed said Section effective January 1, 1980.. c. Section 20024.2 (One=Year Final. Compensation). d. Section 20862:8 (Credit for Unused. Sick Leave). e. Section 21223 (Special Increase).'for or on behalf of those local miscellaneous members who retired or died' prior to January 1, 1975. f Sections 21263, 21263:.1 and .21263.3(Post-Retirement Survivor Allowance) for local fire members only. g. Section 20930.`3 (Military ,Service Credit as Public Service), Statutes of 1976 for local miscellaneous+ members only. 8. Public Agency, in accordance with .Government'Code Section 20740, ceased. to be an p Oyer" ~forpurposes of Section 20759 effective on `November 1, 1980. Accumulated contributions of Public Agency shall be fined and determined as provided in Government ~- Code Section 20759, and accumulated Eontributions thereafter'shall beheld by the Board as provided in Government Code Section 20759. 9. Public. Agency-shall contribute to said Retirement System the contributions determined by actuarial valuations of .prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. ti;., ;p. ~ 10. Public Agency shall also contribute to said' Retirement System as follows:. a. A reasonable amount; as fixed°by the Board, ;payable in -one installment within 60 days of .date of contract to ~co~er the co"sfs of administering .said System as it affects the employees gf Public Agency, .not, including; the costs of special valuations or of the periodic .investigation'-and valuations required by law. b. A reasonable amount, as fixed by the Board, payable :in one installment as the 'occasions arise,- to.cover the costs of`specal. valuations on account of employees of Public Agency, and costs ofthe periodic investigation and valuations required by law. 11. Contributions required of Public Agency and; its employees. shall be subject to adjustment . by Board on account of amendments to the Public Employees' Retirement 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 ffteen'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 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. j;. B,. This amendment` shall. be effect ve on the day of ~v BOARD OF ADMINISTRATION ~~~ CITY COUNCIL PUBLIC EMPLOYEES' RETIREII~NT SYSTEM OF'° THE ~~ ~~t~` CITY QF PETALUMA ~'` "~o . BY CHIEF,, .CONTRAC ~ VICES DIVISION PUBLIC EMPLO ' RETIREMENT SYSTEIvI BY~ Presiding Officer [~ ~~`, Witness Date. ~ ~~ Attest: ~~ Clerk PERS-CON-702 (AMENDMENT) (Rev. 3/9.1)