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Home My WebLink AboutCC RES 80-092RESOLUTION 80-92 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 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 resolu- tion giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the changs proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide Sections 21 380-21 388 (1959 Survivors Program), for local safety members. NOW, 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 Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof. BY RICHARD B . EDGAR (TITLE) / ~YOR PRO TEM-- September 2, 1980 -~fate adopted, and approved)-" Ret. Form 122 The Bosrd of Adminis%ra{~on, after referre'd ~o as Board, and .ti'lc g. ove.~,'," ng ..... be,:~.:, ...... ~,~_c ,.-ubove. public_ agency,. hereinafter referred to ss Public A6ency, L~,'.,'i~..g c?'~.t..'.e ...... d f.n%o a con%rac~ .under date of June 28, 1967, effective Augus~ I, lOgT., , .'..n,~. ss a.~:~,~r, de..~ effective October 1, 1969, and June 18, 1979, which i.':rovid.o~-: fo:' p~.'.'rtic~pa'~':ion of Public' Agency in said System, Board and Public ;.g..~r..,V he.'~:eby c.g'ree as follows: A. ParaEraphs 1 through 10 are hereby stricken f_~.'o?'., said. contract as executed effective June 18, 1979, and hereby re'o~aced_ .~ "--...j t?:,-',~ fo~ !o~:J. ng~ . paragraphs numbered I through 10 inclusive: All words and terz~ used herein w?,.ich a~.'e defined in the Public Employees' Retirement Law shall have the meanir, g as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous and sge 55 for 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 subjsct 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 e~:cept such as by express provisions thereof apply only on the election of contractiug agencies. · . 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 Firemen. (herein referred to as local ssfety members); b. Local Policemen (herein referred to as local safety members); ' . c. 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: PERSONS COM2°ENSA'PED Of.,~ AN HOURLY ~ "~-'-"' 4. ~ae fraction of final compensation to be proviS, ed for each year ¢,.f · credited prior and current service as a local miscellaneous memo:~.· shall be determined in accordance wi%h Section 2~251.13 of said Retirement Law (2~ at age 60). 5. The fraction of final compensation to be provided for each year ;.~f credited prior and current service as a local safety member s.haTM.'. b~--~ determined in accordance with Section 21252.1 of said Retireme:~_t Law · (0ne-half pay at age 55). . 6. The following additional provisions of the Public Employees' Ret-:re- merit Law which apply only upon election of a contracting agency shall ap. ply. to the Public &gency and its employees: . a. Section 20952.5 (Age 50 voluntary retirement) for local safe'by members only. b. Section 20983.6 (Waiver of age 70 r. etirement) for local misce.l- laneous members only. ,. c. Sections 21380-21388 (1959 Survivors Program), for local safety members. . 7. Public Agency, in acc'ordance with Section 20740, Gove.rnment Code, ceased to be an "employer" for purposes of Chapter 6 of the Public Employees' Retirement Law effective on June 18,' 1979. Accumulated contributions of Public Agency as of the aforementioned date shall be fixed and determined as provided in Section 20759, Government Code, and accumulated contributions as of the aforementioned date and contributions thereafter made shall be held by the Board as provided in Section 20759, Government Code. 8. Public Agency shall contribute to said Retirement System as follows- a. With respect to miscellaneous members, the agency shall con- tribute the following percentages of monthly salaries earned as miscellaneous members of said Retirement System: (1) O.313 percent until June 30, 2000 on account of the liability for'prior service benefits. (2) 9.221 percent on account of the liability for current service benefits. b. ~:i.'th respect to local safety members, the agency shall contribute the following percentages of monthly salaries earned as local safety members of said Retirement System: (I) 0.938 percent until June 30, 1987 on account of the liability for pri. o~ service benefits. (2) 11.554 percent on account of the liability for current service benefits. c. A reasonable amount per s. nnum, as fixed by the Board to cover ~he costs of sdministering sa. id. System as it affects the.employees of Pub].ic Agency, not includiug the costs of special valuations or of t}'~e periodic inves~.~.ga+..ion and valuations required by law. A reasonable, amoun~ as fixed by the Board, payable in one insta..].l- meat as the occasions arise, ~o cover the costs of special valua- tions on accoun~ of employees of Public ;.gency, and cosls of ~he periodic investigation and valuations required by law. 9. Contributions required of Public Agency a~.d its employees shall be subject to adjustment by Board on accouter of amendments to the Public Employees' Retirement La~, and on account of the expez'ience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 10. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within thirty days after the cnd 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 pericd, proper adjustment shall be made in connection with subsequent remittances, or adjustments on account of errors in cont'ributions 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 t~e 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 1st day of ~ : ~Janua?y. , 198~1. Witness our hands the 2nd day of September, 1980. PUBLIC EF[PLOYEES' RETIRE_~NT SYSTEM · .. · CITY COUNCIL OF THE CITY OF TUSTIN .. carl--j Approved as to form: . -~y-~.~ia G[ Bes~me~ Legal Office, Date Attest- Clerk PERS CON-702 .STATE OF CALIFORNIA ) · COUNTY OF ORANGE ) SS CITY OF TUSTIN ) ~U~RY E. WYNN,' City Clerk and ex-officio Clerk of th'e 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 five; that the above and foregoing Resolution No. .80-92 was duly and regularly introduced, passed and adopted at a regular meeting o~ the City Council held. on the 2n_d :. _day of September __, 1980 by the following vote- AYES : COUNCIL~.IEN'. Edgar, Hoesterey, Sharp, Kennedy . . NOES : COUNCI I2-'.,EN- None ABSENT' 'COUNCIL-'>~EN ' Saltarelli MARY E. ~fNN, Cik~ Clerk City of Tustin, California