HomeMy WebLinkAboutCC RES 99-0811
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RESOLUTION NO. 99-81
RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO
CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE
PUBLIC EMPLOYEE'S RETIREMENT SYSTEM AND THE CITY COUNCIL
OF THE CITY OF TUSTIN
WHEREAS, 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 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 procedures 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 Section 21354 (2% @ 55 full formula) for local
miscellaneous 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 said public agency 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 of hereof.
PASSED AND ADOPTED by the City Council of the City of Tustin at a
regular meeting held on the 20th day of September, 1999.
racy Wills oiley, Mayor
Pam toker, City C er
i,.
Ca1PERS
EXHIBIT
California
Public Employees' Retirement System
A~~~~~~1~ T T® C®l~ TACT
Between tine
Bo~~dl o$ Adlffninist~ation
Ca~li£oa~ni~ ]Pulbllic ]E~n~ioyees' 12eti~e~rnent Systearn
andl tlhe
City Councill
City of Tustin
The Board of Administration, California Public Employees' Retirement System,
hereinafter referred to as Board, and the governing body of the above public agency,
hereinafter referred to as Public Agency, having entered into a contract effective August
28, 1967, and witnessed June 28, 1967, and as amended effective October 1, 1969,
June 18, 1979, December 29, 1980, February 26, 1990, October 5, 1992, December 28,
1992, July 6, 1995, April 5, 1996, June 6, 1996, and March 28, 1997 which provides for
participation of Public Agency in said System, Board and Public Agency hereby agree
as follows:
A. Paragraphs 1 through 13 are hereby stricken from said contract as executed
effective March 28, 1997, and hereby replaced by the following paragraphs
numbered 1 through 13 inclusive:
1. 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 55 for local miscellaneous members and age 55 for local fire
members; and, age 50 for local police members.
PLEASE DO NOT SIGN "EXHIHIT 01~~~'"
2. Public Agency shall participate in the Public Employees' Retirement
System from and after August 1, 1967 making its employees as
hereinafter 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 shall 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);
c. Employees other than local safety members (herein referred to as
local miscellaneous members).
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:
a. PERSONS COMPENSATED ON AN HOURLY BASIS
5. 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 21354 of said Retirement Law
(2% at age 55 Full).
6. 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 21366 of said Retirement Law
(One-half pay at age 55 Full).
7. 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 21362 of said Retirement Law (2%
at age 50 Full).
8. Public Agency elected and elects to be subject to the following optional
provisions:
PLEASE QO NpT SIGN "EXHIBIT C~N~._~"
a. Section 21571 (Basic Level of 1959 Survivor Benefits) for local fire
members only.
b. Section 20042 (One-Year Final Compensation) for local police
members and local miscellaneous members only.
c. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local
police members only.
d. Section 21024 (Military Service Credit as Public Service), Statutes
of 1976 for local miscellaneous members and local police members
only.
e. Section 21573 (Third Level of 1959 Survivor Benefits) for local
miscellaneous members only.
9. Public Agency, in accordance with Government Code Section 20790,
ceased to be an "employer" for purposes of Section 20834 effective on
June 18, 1979. Accumulated contributions of Public Agency shall be fixed
and determined as provided in Government Code Section 20834, and
accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20834.
10. 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.
11. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21573 of said Retirement
Law. (Subject to annual change.) In addition, all assets and
liabilities of Public Agency and its employees shall be pooled in a
single account, based on term insurance rates, for survivors of all
local miscellaneous members.
b. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21574 of said Retirement
Law. (Subject to annual change.) In addition, all assets and
liabilities of Public Agency and its employees shall be pooled in a
single account, based on term insurance rates, for survivors of all
local police members.
c. 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.
d. 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.
12. 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.
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 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.
B. This amendment shall k~effective on the
BOARD OF ADMINIST ~N
PUBLIC EMPLOYEES' IREMENT SYSTEM
~~
BY '~~`
KENNETH W. ZION, CHIEF
ACTUARIABJ MPLOYER SERVICES DIVISION
PUBLIC ~~' OYEES' RETIREMENT SYSTEM
Q
day of
19
CITY COUNCIL ~`~y
CITY OF TUSTIN ~~"~~
~~~~
BY ~
PRESIDING ER
O~
~y0
,Qv~'
Witness Date
Attest:
Clerk
AMENDMENT
PERS-CON-702A (Rev. 8\96)
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF TUSTIN )
RESOLUTION N0. 99-81
Pamela Stoker, 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 20th day of September, 1999, by the following vote:
COUNCILMEMBER AYES: Worley, Doyle, Saltarelli
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED None
COUNCILMEMBER ABSENT: Thomas, Potts
Pamela Stoker, City Clerk