HomeMy WebLinkAboutCity Council Resolution 850 Resot on No. 850
~HEREAS, the Public Employees' 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 ~hich said public ageucies may elect to subject them-
selves and their employees to amendments to said law; and
~AEREAS, oue of the steps in the procedure to ameud this contract is the
adoption by the legislative body of the public agency of a resolu-
tion 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
W~EREAS, the £ollowing is a statement of the proposed change:
1. Provide Full 1/50 benefits for miscellaneous members.
2. Provide post-retirement survivor benefits (Section
21263/21263.1) for miscellaneous members.
3. Provide 1959 Survivor benefits (Sectiou 21380-21388)
for miscellaneous members.
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 Employeest Retirement System,
a copy of said amendment being attached hereto, as an "Exhibit"
and by this reference made a part hereof.
Ma~or
(Title)
~78
,,d approved) CON-122
EXHIBIT ONLY
A~iEND>~NT TO CON'HiD~CT BETWEEN THti
BOARD OF ADHINIST~VFIO~
PUBLIC iM~LOYEES' i~ETIRt:~.~NT SYS'F~I
CI'i~' COU~iCIL
OF TiIi;i
CITY OF SARATOGA
The Board of Administration, Public Employees' Retirement System, i~crci~-
after referred to as "Board", and the governing body of above public aF. ency,
herelnafter referred to as "Public Agency", having cnteru~d into a contract
under date of April 27, 19~i, effective June 1, 1961 and as amended
effective April 6, 1973 and April 1, 1977, which provides for participatim~
of Public, Agency ~ said System, Board ~d Public Agency ;~ere~y agree as
A. Paragraphs 1 through 9 are hereby stricken from said contract
executed effective April 6, 1973 and hereby replaced by the
following paragraphs number 1 throngs 9 inclusive:
1. All ~rds and terms used irarein which are def/ncd in the Public
Employees' Xetirement Law shall itave the mt.~aizing as defined thetel,
unless otimrwiae specifically provided. "Non~l retirement
slmll mean age 6U for miscellaneous ~xmmbers.
2. Public ?~enc7 shall participate in the l'ub.t. ic ~Z,~l}loyce3'
System from and after June 1, 1961, making i. ts employees as
hcreinafter provided, members of said System subject to all provision.:
of the Public Employees' Retirement Law except such as apply only
election of a contracting agency and are not provided fer herein
and to all ah~endments to said Law imreaftcr cnnctcd exct~t:,t ~uch
by express provisions thereof apply onlf oft tl~{~ c[cct[o~ of contract i~:
agencies.
'3. ilh~ptoyees of Pubi~lc Ai;cncy ill [he following: cla::;.ies ~,;i~a].l
}aembers of said ]7, ctir~mcnt :;y~tcm except suc~t ia c,.m~ suc~
as are excluded by law or thi:;
a. E~aployees other EaRn local safZcty mc.m)iL:rs (;ler~.~ia rcf'.~rn,d
~uiacellancour; ~uc~:fi~cr:,;).
I,i addition to the classes of elaployces exct. udc:d from ~c::.~cr~ip
said Aetiremcnt Law. tim following classes of er:~Irloyces shall
become members of said Retirement System:
NO ~DIT IO: h~L I~;{C LU S IDA S
4. Tim fraction of final comt>ensatio~ Co be prey:fried for tacit year
credited prior and current service as a miscellaneous member
upon retirement at normal retirement age shall be that provided
in Section 21251.13 of said .<eCirement Law with all service
prior Co Social Security termination i.iarch 31, 1978
subject to the reduction provided by said :~ection.
5. The following additional provisions of the Public iCmployees' iz~et[rcrlu~,.t
Law which apply only upon election of a contr~cting agency shal.1 appl l!"
to the Public Agency and its employees:
a. Section 20024,2 (defining "final compensation" on the basL~; o17
average compensation earnable during the year immediately
preceding retirement or any other one year period elected by
the member),
b. Section 20862,8 (providing service credit at ret:[rement for
unused sick leave).
c. Sections 21263 and 21263.1 (providing upon the death of a
member who retired for service or disability for continuance
of a post-retirement survivor allowance to certain survivors}.
d. Sections 21380-21388 (providing for allowances for snrvivors
of members covered under tile 1959 Survivor's Program upon the
member~s death be[ore retirement).
6. Public Agency, in accordance witi~ Section 20740, Government Code~
ceased to be an "employer" for purposes of Chapter 6 of the Public
Employees' Retirement Law effective on April 1, 1977.
Accumulated contributions of Public Agency as of the aforemcntion~z~d
date shall be fixed and determined as provided in Section 2i}759,
Government Code, and accumulated contributions as of the afore-
mentioned date and contributions thereafter made shall De held by
the Board as provided in Section 20759, Government Code.
7. Public Agency shall contribute to said ~etirement System as follows:
a. Witk~ respect to miscellaneous members, the agency shall
contribute the following percentages of monthly salaries
earned as miscellaneous members of said Retirement System:
(1) 0.031 percent until June 30, 2000 on account of the
liability for prior service benefits.
(2)9,097 percent on account of the liability for current
service benefits.
(3) 1.000 percent on account of the liability for the
1959 Survivor Program.
b. A reasonable amount per annum, as fixed by the Board to cover
the costs of admjaistering said System as it affects the
employees of Public Agency, not including the costs of special
valuations or of the perlodicai investigation and valuations
required by law.
c. A reasonable amount as fixed by the Board, payable in one
installment as the occasions arise, to cover the costs of
special valuations on account of employees of Public Agency,
and costs of the periodical lnvestigat{o~ and valuations
required by law.
CON -702 -2
8. Contributions required of Public Agency and Lts employees si~all be
subject to adjustment by Board on account of amendments to the:
Public Employees' ~tetirement Law, and on account of the experience
under the Retirement System as determined by the per~odical
~nvestigation and val~t~on required by sa~d ~letirement Law.
9. Contr~butions 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 ~y be prescribed by Board regularjoe. If more or
less than tile correct a~unt of contributions is paid for any
period, proper adjustment shall be rode in connection with
subsequent remittances, or adjustments on account of errors
in contributions required of any employee may be made by
direct cash pa~ents between the employee and tlae Board.
Pa~ents by Public Agency to Board may be made in the form
of warrants, bank checks, bank drafts, certifyLed checks,
'money orders, or cash.
B. This amendment shall be attached to said contract and shall be effectiv,:~
t~e day of , 1.9 ............... .
Witness our hands this day of , 1.9
BO~ OF ~MINIST~TIO~ CI'i/Y COU. r~CIL
PUBLIC E~.~LOYEES' RETIREb~NT SYSTEM OF TltS
CITY OF SAI:bYI:OGA
BY ~~ ....
Carl J. Blechinger, Executive Officer ng Officer
Approved as to form: Attest?
Legal Office, PERS Clerk
CON-702 -3 :]~X!
CERTIFICATION OF GOVERNING 80DY'S ACTION
I hereby certify that the foregoing is a true and correct copy
of a Resolution adopted by the City Council
(Governing Body)
of the . City of _Saratoqa
(Name of Pub"i i'c' X'ge~'C~;)
on April 5, 1978 ......... , appearing at Page
(Date)
Volume of the (Minutes) (Official Records) of the
City C0unci 1
(Governing Body)
Secretary of the ard
PERS-CON-12 (ti/77)