HomeMy WebLinkAboutResolution 44-83 r
' RESOLUTION NO. 44-83
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 ATASCADERO
' WHEREAS, the Public Employees' Retirement Law permits the partici-
pation 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 them-
selves 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 res-
olution giving notice of its intention to approve an amendment to said
' contract, which resoution shall contain a summary of the change pro-
posed in said contract; and
WHEREAS, the following is a statement of the proposed change:
To provide Sections 21380-21387 (1959 Survivors Program) in-
cluding Section 21382.2 (Increased 1959 Survivors benefits)
' for local fire members.
NOW, THEREFORE, BE IT RESOLVED that the governing body of the
above agency does hereby give notice of intention to approve an amend-
ment to the contract between the said governing body 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 ref-
erence made a part hereof.
On motion by Councilman Molina and seconded by Councilman
Nelson the foregoing motion is hereby adopted in its entirety on
the following vote:
AYES: Councilmen Molina, Nelson, Wilkins and Mayor Mackey
' NOES• None
ABSENT: Councilman Stover
ADOPTED: October 24 , 1983 `
F `
MARJOR�A R. MACKEY, Mayor
ATTEST:
ATSY A. HESTER, Deputy City Clerk
' Resolution No. 44-83
' APPROVED AS TO ORM:
ALLEN GRIMES, City Attorney
' APPROVED AS TO CONTENT:
' MURIIXr L. fRDEN, City Manager
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AMENDMENT TO CONTRACT
' BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF ATASCADERO
The Board of Administration, Public Employees' Retirement Syst�mQ herein-
' after referred to as Board, and the governing body of above publ* ' gency, here-
inafter referred to as Public Agency, having entered into a co l�ct effective
April 19, 1980, �and witnessed March 19, 1980, and as amended co
July 1 ,
' 1980 and April 30, 1983, which provides for participation o ,4ublic Agency in
said System, Board and Public Agency hereby agree as follot�
1 A. Paragraphs 1 through 12 are hereby stricken from sa contract as executed
effective April 30, 1983, and hereby replaced by following paragraphs
numbered 1 through 12 inclusive:
1 . All words and terms used herein which adefined in the Public Employ-
ees' Retirement Law shall have the meaf$g as defined therein unless
otherwise specifically provided. "Normal retirement age" shall mean
age 60 for local miscellaneous members and age 55 for local safety
members.
2. Public Agency shall participate in the Public Employees' Retirement
System from and after April 19,1980 making its employees as herein-
after provided, members of said System subject to all provisions of
the Public Employees' Retirement Law except suoh 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 con-
tracting agency.
3. Employees of Public Agency in the following classes shall become mem-
bers of said Retirement System except such in each such class as are
excluded by law or this agreement: r
a. Local Fire Fighters (herein referred to as local safety members) ;
' b. Local Police Officersherein referred to a
( s local safety
members) ;
C. Employees other than local safety members (herein referred to as
local miscellaneous members).
1 4. In addition to the classes of employees excluded from membership by
said Retirement Law, the following classes of employees shall not
become members of said Retirement System:
NO ADDITIONAL EXCLUSIONS
' 5. This contract shall be a continuation of the benefits of the contract
of the Atascadero Fire Protection District, hereinafter referred to as
' "Former Agency", pursuant to 20567.2 of the Government Code, Former
Agency having ceased to exist and having been required by law to be
succeeded by Public Agency on July 1 , 1980. Public Agency, by this
contract, assumes the accumulated contributions and assets derived
therefrom and liability for prior and current service under Former
Agency's contract with respect to the Former Agency's employees.
' a. Service performed for the former agency prior to July 1 , 1980
shall be subject to the terms and conditions of the forger
agency's contract as it was in effect at that time. S�cvice
performed after July 1 , 1980 shall be subject to th 14
' and conditions of this contract. For purposes of aQ�puting
rms
retirement allowances, separate calculations sha���e made
1 fOr service performed under each contract.
6. The fraction of final compensation to be provide �"or each year of
credited prior and current service as a local m0ellaneous member
shall be determined in accordance with Sectio1251 .13 of said
Retirement Law (2% at age ,60 Full).
Q .
7. The fraction of final compensation to b��P� ovided for each year of
' credited prior and current service as Oscal safety member shall be
determined in aQcordance with Section, ?, 252.6 of said Retirement Law
(2% at age 55 Full). ..
8. 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 20952.5 (Age 50 voluntary retirement) for local safety
' members only.
b. Section 20983.6 (Waiver of age 70 retirement) for local
' miscellaneous members only.
C. Sections 21380-21387 (1959 Survivors Program) including Section
21382.2 (Increased 1959 Survivors Benefits) , for local safety
' members only. 1 ,
9. Public Agency, in accordance with Section 20759.1 Government Code,
' shall not be considered an "employer" for purposes of Chapter 6 of the
Public Employees' Retirement Law. Contributions of the Public Agency
shall be fixed and determined as provided in Section 20759, Government
' Code, and such contributions hereafter made shall be held by the Board
as provided in Section 20759, Government Code.
10. Public Agency shall contribute to said Retirement System as follows:
a. With respect to local miscellaneous members, the agency shall
contribute the following percentages of monthly salaries earned
as local miscellaneous members of said Retirement System:
(1 ) 0.116 percent until June 30, 1999 on account of the
liability for prior service benefits.
(2) 7.912 percent until June 30, 2000 on account of th�
liability for current service benefits. Q.`►
b. With respect to local safety members, the agency contribute
' the following percentages of monthly salaries e d as local
safety members of said Retirement System:
' (1 ) 1 .118 percent until June 30, 2005 on ac' nt of the
liability for prior service benefit'`
(2) 16.806 percent until June 30, 20 n account of the
' liability for current service omits.
' (3) 0.200 percent on account o � e liability for the 1959
Survivor Program.
C. A reasonable amount, as fixed by the Board, payable in one in-
stallment 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.
d. A reasonable amount, as fixed by the Board, payable in one in-
stallment as the 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.
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 val-
uation 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 Board regulation. If more or less than the cor-
rect amount of contributions is paid for any period, proper adjustment
shall be made in connection with subsequent remittances, or adjust-
ments 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 , 1g—
BOARD OF ADMINISTRATION CITY COUNCIL
' PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF THE
CITY OF ATASCADERO
BY BY
' CARL J. BLECHINGER, EXECUTIVE OFFICER Presiding 0f\q er
Approved as to form: Attest:lgiQ
Margaret J. ehn, Le Office, Date Clerk
' PERS CON-702