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RESOLUTION NO. 92-31
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 TUSTIN
WHEREAS, the Public Employees' Retirement Law
permits the participation of the 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 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 is a statement of the
proposed change:
To provide 2% @ 50 Full formula (from 1/2 @ 55 Full
formula) and Section 20024.2 (One-Year Final
Compensation) for local police members only, including an
extension of the funding period to the year 2011;
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 being attached hereto,
as an "Exhibit" and by this reference made a part hereof.
PASSED, APPROVED AND ADOPTED at a regular
meeting of the City Council of the city) of Tustin,
California, held on the 18th day of February, 1992.
/
/ /
(,'" i , ,, /,--'('..
Char~es E. Puckett, Mayor
Mary ~'. Wynn,.City Clerk
AM ENI)M ENT TO CONTRACT
BETWI';EN TI I E
BOARD OF ADMINISTRATION
OF TI IE
PUBLIC EMPLOYE :ES' RETIREMENT SYSTEM
AND TIlE
CITY COUNCIL
OF TIlE
CITY OF TU~FIN
The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board,
and the governing body of above public agency, hereinafter referred to as Public Agency, having entered
into a contract effective August I, 1967, and witnessed June 28, 1967, and as amended effective October
1, 1969, June 18, 1979, December 29, 1980 and February 26, 1990, which provides for participation
of Public Agency in said System, Board and Public Agency hereby agree as follows:
Paragraphs 1 through 12 are hereby stricken from said contract as executed effective February
26, 1990, and hereby replac~ by the following paragraphs nt, mbered I through 13 inclusive:
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 members, age 55 for
local fire members and age 50 fro' local police members.
Public Agency shall participate in the Public Employees' Retirement System from and
after August I 1967 making its employees as hereinafter provided, ~nemhers of said
System subject to all provisions of the Puhlic Employees' Retirement Law except such
as apply only on election of a contracting agency and are not provided tbr herein and to
all amendments to said Law hereaticr enacted except those, which by express provisions
thereof, apply only on the election of a contracting agency.
Employees of Puhlic Agency in the following classes shall hecome 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);
Employees other than local safety members (herein referred to as local
miscellaneous members).
..
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:
a. PERSON COMI'ENSATED ON AN llOURLY BASIS.
10.
I1.
12.
°LEASE DO NOT ,SIGN "EXHIBI1 ONLY''
The percentage of final compensation 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).
The percentage of final compensation to be provided for each year of credited prior and
current service as a local fire member shall be determined in accordance with Section
21252.1 of said Retirement Law (One-half pay at age 55 Full).
The percentage of final compensation to be provided for each year of credited prior and
current service as a local police member shall be determined in accordance with Section
21252.01 of said Retirement Law (2% at age 50 Full).
Public Agency elected to be subject to the following optional provisions:
ao
Sections 21380-21387 (1959 Survivor Benefits) excluding Section 21382.2
(Increased 1959 Survivor Benefits) and .Section 21382.4 (Third Level of 1959
Survivor Benefits) for local safety members.
b. Section 20024.2 (One-Year Final Compensation) for local miscellanex~us
members and local police members.
Public Agency, in accordance with Government Code Section 20740, ceased to be an
"employer" for purposes of Section 20759 effective on June 18, 1979. Accumulated
contributions of Public Agency shall he fixed and determined as provided in Government
Code Sectkm 20759, and accumulated contributions thereafter shall be held by the Board
as provided in Government Code Section 20759.
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.
Public Agency shall also conlribute to said Retirement System as follows:
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 I~ublic Agency, not including the costs of special
valuations or of the periodic investigation and valuations required by law.
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 periodic investigation and valuations required
by law.
Contributions required of Public Agency and its employees shall be subject to adjustment
by Board on account of amendmenls to the Public Employees' Retirement Law, and on
account of the experience under the Retirement System as determined by the periodic
investigation and valuation reqtfired by said Retirement Law.
13. Contributions required of Public Agency and its employees shall be paid by Public
Agency to the Retirement System within fifteen 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 fi}r 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 el~tive on the day of
3,.49
BOARD OF ADMINISTRATION~,'~ CITY COUNCIL
PUBLIC EMPLOYEES' RETIRE[,,IENT SYSTEMe~3~ CITY OF TUSTIN OFTHE
CHIEF, CONTRAO~'~'~'fC-[~S DIVISION I'residing-Officer
PUBLIC EMPLC~ES' RETIREMFNT SYSTEM
........
Witness Date
Attest:
Clerk
PERS-CON-702 (AMENDMENT)
(Rev. 3/91)
City of Tustin
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
ss
RESOLUTION NO. 92-31
Mary E. Wynn, City Clerk and ex-officio Clerk of the City Council of the
City of Tustin, California, does hereby certify that the whole number of
the members of the City Council is five; that the above and foregoing
resolution was passed and adopted at a regular meeting of the City Council
held on the 18th day of February, 1992, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Puckett, Pontious, Edgar, Potts, Prescott
None
None
None
Mary E.:. Wynn, City Clerk