HomeMy WebLinkAboutCC RES 89-181RESOLUTION NO. 89-181
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
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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 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 Section 20024.2 (One-Year Final Compensation)
for local miscellaneous and local police members in the
Administrative and Management Group only and 2% @ 50 Full
formula (from 1/2 @ 55 Full formula) for local police
members in the Administrative and Management Group.
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 4th day of December, 1989.
R i Ch a £-~~~~7 MaYor
ATTEST:
28 ) , '
, City 1 rk
ry Wynn C e
.. : .......'~~-~ * * C O P Y
% BOARD OF ADMINISTRATION
.~~ OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF TUSTIN
The Board of Administration, Public Employees' Retirement System, hereinafter
referred to as Board, and t'he governing body of above public agency,
hereinafter referred to as Public Agency, having entered into a contract
effective August 1, 1967, and witnessed June 28, 1967, and as amended effective
October 1, 1969, June 18, 1979 and December 29, 1980, which provides for
participation of Public Agency in said System, Board and Public Agency hereby
agree as follows:
A. Paragraphs 1 through 10 are hereby stricken from said contract as executed
effective December 29, 1980, and hereby replaced by the following
paragraphs numbered 1 through 12 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 60 for local miscellaneous members, age 50 for local
police members in the Administrative and Management Group only and age
55 for all other local safety members.
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
member s );
c. Employees other than local safety members (herein referred to as
local miscellaneous members).
** COPY ***
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.
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).
6. The percentage of final compensation to be provided for each year of
credited prior and current service as local safety members, except
local police members in the Administrative and Management Group, shall
be determined in accordance with Section 21252.1 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 in the
Administrative and Management Group shall be determined in accordance
with Section 21252.01 of said Retirement Law (2% at age 50 Full).
8. The following additional provisions of the Public Employees'
Retirement Law, which apply only upon election of a contracting
agency, shall apply to the Public Agency and its employees:
a. 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
miscellaneous members and local police members in the
Administrative and Management Group only.
9. 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 be
fixed and determined as provided in Government Code Section 20759, and
accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20759.
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 salaries earned as
members of said Retirement System:
(1) 5.955 percent until June 30, 2000 on account of the
liability for current service benefits. (Subject to annual
change. )
** COPY ***
b. With respect to local safety members, the agency shall contribute
the following percentages of salaries earned as members of said
Retirement System:
(1) 16.664 percent until June 30, 2000 on account of the
liability for current service benefits. (Subject to annual
change. )
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
valuation 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 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 be e~q~tive on the
~~ 19 .
BOARD OF ADMINISTRATION.~~'
PUBLIC EMPLOYEES' RETIRemeNT SYSTEM
CHI~, CO~.~~ $~RVIC~$ DIVISION
PUBLIC ~I~~¥~S' R~TIR~~T SYS~E~
day of
CITY COUNCIL
OF THE
CITY OF TUSTIN
Presiding Officer
Witness Date~
Attest:
Clerk'~
PER S-CON- 702 ( AMENDMENT )
(Rev. 6/88)
City of Tustin
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
RESOLUTION NO. 89-181
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 of the City of Tustin is
four; that the above and foregoing Resolution No. 89-181 was duly and
regularly introduced, passed and adopted at a regular meeting of the
City Council held on the 4th day of December, 1989, by the following
vote:
COUNCILMEMBER AYES- Edgar, Kennedy, Kelly, Prescott
COUNCILMEMBER NOES- None
COUNCILMEMBER ABSTAINED' None
COUNCI LMEMBER ABSENT- None
%
Valerie Whiteman, Acting Chief Deputy
for Mary E. Wynn, City Clerk
City Clerk