HomeMy WebLinkAbout83-315
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RESOLUTION NO. 83-31
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 UKIAH
WHEREAS~ the Public Employees' Retirement Law permits ti~e
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 legislative body of the public agency of a resolution
giving notice of this 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 2% @ 60 Full formula and 2% @ 50 Full formula
(both due to a Social Security termination), Section
20024.2 (One year final compensation), Section 20862.8
(Credit for unused sick leave), Sections 21380-87 (1959
Survivors Program), Sections '21263/21263.1
(Post-retirement survivor allowance) all for local
miscellaneous and local safety members.
NOW, THEREFORE, BE IT RESOLVED, that 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 governing body and the Board
of Administration of the Public Employees' Retirement System, a copy of
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said amendment being attached hereto, as an "Exhibit" and by this
reference made a part hereof.
PASSED AND ADOPTED this 20th day of October
the
following roll call vote:
AYES: Councilmembers Feibusch, Kelley, Hickey, Myers, Riley
NOES: None
ABSENT: None
, 1982 by
Kathryn B. ~_~ley ~'~
ATTEST:
City Clerk
"EXHIBIT"
AMENDMENT TO CONTRACT BETWEEN THE
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF UKIAH
The Board of Admini~r~a~~ublic Employees' Retirement System, herein-
after referred to as Board, and ~q~. ~overning body of above public agency,
hereinafter referred to as Public A~c~. having entered into a contract under
date of June 4, 1962, effective iugust~/~9~.2,
and
as
amended
effective
January 1, 1973, which provides for partic~p~~,'- '" of Public Agency in said
System, Board and Public Agency hereby agree a~,'~ows:
A Paragra-hs 1 throu h 10 are hereb ' '
· p g y stricken ~-rom s~~ contract as executed
effective January 1, 1973, and hereby replaced by the following paragraphs
numbered 1 through 10 inclusive:
I ·
All words and terms used herein which 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 60 for local miscellaneous and age 50 for local safety
members· '
·
Public Agency shall participate in the Public Employees' Retirement
System from and after August 1, 1962 making its employees as herein-
after 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 such as by
express provisions thereof apply only on the election of contracting
agencies.
·
Employees of Public Agency in the following classes shall become
members of said Retirement System except such in each such class as
are excluded by law or this agreement:
a·
b·
Local Firemen (herein referred to as local safety members);
Local Policemen (herein referred to as local safety members);
Ce
Employees other than local safety members (herein referred to as
local miscellaneous members).
.
Se
®
In addition to the classes of emo.~ ~?-~es .excluded from membership by
said Retirement Law, the foliowin~ ~i~ss~s of employees sh~_~ not
become members of said Re~iremen~ ~.~s~em:
EMPLOYEES WHO ARE PAID ON AN i{OURLY, PER DIEM, OR WEE~bY BASIS
WHILE BEING EMPLOYED ON A TE~.~2~.~RY, EMERGENCY OR SEA~?NAL
BASIS. ~
The fraction of fina~lf'~ensation ~o be provided for each year of
credited prior and curr~t/~,~rvice '~s a local miscellaneous member
shall be that provided in ~,~ 21251.13 of said Retirement Law with
all service prior to Social Se~~y termination December 31, 1982,
subject to the reduction provide~ 5y'~s~id section.
The fraction of final compensation to be ~~ed for each year of
credited prior and current service as a loca'~~ety member shall be
determined in accordance with Section 21252.Oi'~' said Retirement Law
(2% at age 50 Full).
The following additional provisions of the Public Employees' Retire-
ment Law which apply only upon election of a contracting agency shall
apply to the Public Agency and its employees:
a. Section 20024.2 (One-year final compensation).
be
C.
Section 20862.8 (Unused sick leave credit).
Sections 21 380-21 387 (1959 Survivors Program), excluding Section
21382.2 (Increased 1959 Survivors benefits).
d. Sections 21263/21263.1 (Post-retirement survivor allowance).
Public Agency, in accordance with Section 20740, Government Code,
shall cease to be an "employer" for purposes of Chapter 6 of the
Public Employees Retirement Law effective as of the effective date of
this amendment to contract. Accumulated contributions of Public
Agency as of the date of such amendment shall be fixed and determined
as provided in Section 20759, Government Code, and such accumulated
contributions and contributions hereafter made shall be held by ~he
Board as provided in Section 20759, Government Code.
Public Agency shall contribute to said Retirement SysTem as follows:
me
With respect to miscellaneous members, the agency shall contri-
bute the following percentages of monthly salaries earned as
miscellaneous members of said Retirement System:
(1) 4.998 percent until June 30, 1990 on account of the
liability for prior service benefits.
(2) 15.388 percent on account of The liability for current
service benefits.
(3) 0.400 percent on accoun~ of the liability for the 1959
Survivor Program.
With res~$:t, to local safe~y members, the agency shall contribute
the followln'$~e~centages-~'~ of monthly salaries earned as local
safety members ~rf(~d Retirement System:
· .
(1) 4.641 percent un~il~/~p 30, 1992 on account of th~
liability for prior ~v~.benefits.
(2) 3s2e~Ovi61c eP~ernC~t sO.n acc ount~0f~t/~eO~,i, li ty for current
(3) 0.200 percent on account of the liability for the 1959
Survivor Program.
Ce
A reasonable amount, as fixed by the Board, payable in one
installment within 60 days of date of contract to cover 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 and valuations required by law.
de
A reasonable amount as fixes by the Board, payable in one
installment as ~he occasions arise, to cover the costs of special
valuations on account of employees of Public Agency, and costs of
the periodic investigation and valuations required by law.
®
Contributions required of Public Agency and its employees shall be
subjec~ 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.
10. 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 ~he period ~o 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, or
adjustments on account of errors in contributions required of any
employee may be made by direct cash payments between the employee and
the Board. Payments by Public Agency to Board may be made in the form
of warrants, bank checks, bank drafts, certified checks, money orders
or cash.
B. This amendment shall be attached to said contract and shall be effective on
The day of , 19__.
Witness our hands the
day of , 19 ·
BOARD OF ADMINISTRATION
'PUBLIC EMPLOYEES' RETIREMENT SYSTEM
CITY COUNCIL
OF THE
CITY OF UKIAH
BY )~ ~.
CARL 3. BLECHINGER, EXECUTIVE 0FFI'C~/~A!
Approved as to form:
Cynthia G. ffese~er, Legal Offic~~, '~D~ate
BY
Presiding Officer
AtTest:
Clerk
PERS CON-702