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HomeMy WebLinkAboutCity Council - 3765 RESOLUTION NO. 3765 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES ' RETIRE- MENT SYSTEM AND THE CITY OF HUNTINGTON BEACH 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 required in the procedure to amend this contract is the adoption by the legislative 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 changes proposed in said contract; and WHEREAS, the following is a summary of the proposed change : 1 . Provides , upon the death of a local fireman who has retired for service or disability, for the continua- tion of one-half the retirement allowance to certain survivors . NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Huntington Beach gives , and it does hereby give notice of intention to approve an amendment to contract between said City Council and the Board of Administration of the Public Employees ' Retirement System, a copy of said amendment being \``, attached hereto, marked Exhibit "A" and by this reference made, G a part hereof. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17th 1. er day of September, 1973 . Mayor ATTEST: City Clerk APPROVED AS/TOO FORM: City Attorney 2. Res. No. 3765 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUMINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly appointed, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 17th day of September , 19 73 by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney _ NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California EXHIBIT A AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION PUBLIC EMPLOYEES ' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH The Board of Administration, Public Employees ' Retirement System, hereinafter referred to as Board, and the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, hereinafter referred to as Public Agency having entered into a contract under date of October 27, 1945, effective October 1, 1945, and as amended effective January 1, 1950, March 1, 1952, November 1, 1957, March 1, 1958, October 1, 1961, and January 1, 1971, and as provided by Chapters 170 and 316, Statutes of 1971, which provide for participation of Public Agency in said System, Board and Public Agency hereby agree as fellows ; A. Paragraphs 1 through 11 are hereby stricken from said contract as executed effective October 1, *1945 and are hereby replaced by the following paragraphs numbered 1 through 9 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 miscellaneous members and age° 55 for local safety members , 2 . Public Agency shall participate in the Public Em- ployees ' Retirement System from and after October 1, 1945, making its employees as hereinafter pro- vided, members of said System subject to all provi- sions 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 hereinafter enacted except such as by express provisions thereof apply only on the election of contracting 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 safety members) b. Local policemen (herein referred to as local safety members) ; 1, c• Employees other than local safety members (herein referred to as miscellaneous members) . The following employees shall be excluded from membership in said Retirement System: NO ADDITIONAL EXCLUSIONS 4 . The fraction of final compensation to be provided for each year of credited prior and current service as a miscellaneous member shall be that provided in Section 21251.13 of said Retirement Law. 5. The fraction of final compensation to be provided for each year of credited prior and current service as a local safety member shall be that provided in Section 21252 .1 of the Retirement Law. 6 . 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. Section 20952. 5 (providing for age 50 as the minimum voluntary retirement age for local safety members with benefit payments commenc- ing prior to age 55 subject to actuarial dis- count) . b . Section 21380. 7 (providing for allowances for survivors of members covered under the program Upon death before retirement) . e. Section 20019 . 3 (providing for the inclusion of lifeguards on ocean beaches as local safety members) . d. Section 21263 (providing; upon death of a local fireman who retired for service or disability for the continuance of one -half the retirement allowance to certain survivors) . 7 . Public Agency shall contribute to said Retirement System as follows: a. With respect to miscellaneous members, the public agency shall contribute the following . percentages of monthly salaries earned as mis- cellaneous members of said System: (1) 7 .67 percent on account of the liability for current service benefits . 2. (2) •1.00 percent on account of the liabi- lity for the 1959 Survivors program. b. With respect to local safety members , the public agency shall contribute the following percentages of monthly salaries earned as local safety members of said System; (1) 9.576 percent on account of the liabi- lity for current service benefits. (2) 0 .075 percent on account of the liabi- lity for the 1959 Survivors program. C. A reasonable amount per annum, as fixed by Board to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or the periodical inves- tigation and valuation required by law. d. A reasonable amount as fixed by the Board , payable in one installment as the occasions arise, to cover costs of special valuations on account of employees of Public Agency, and costs of the periodical investigation and valuation required by law. 8. Contributions required by 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 periodical investigation and valuation required by said Retirement Law. 9 . Contributions 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. If more or less than the correct amount of contri- butions is paid for any period, proper adjustment shall be made in connection with subsequent remit- tances , or adjustments on account of errors in con- tributions required of any employee may be made by direct cash payments between the employee and Board. Payments by Public Agency to Board may be made in the form of warrants , bank checks , bank drafts , certified checks , money orders , or cash. 3 . B. This amendment shall be attached to said contract and shall be effective on the day of , — WITNESS our hands the day of BOARD OF ADMINISTRATION PUBLIC EMPLOYEES ' RETIREMENT SYSTEM By William E. Payne, Executive Officer CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH By _90AAj. ATTEST: City Clerk APPROVED AS TO FORM: C ty orne 4. { CERTIFICATION OF GOVERNING'S BODY ACTION I hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the CITY COUNCIL of the CITY OF HUNTINGTON BEACH on September 17, 1973 appearing at Page 105_ , Volume 15 of the Minutes of the CITY COUNCIL. City-- Clerk HE FOREGOING INSTRUMENT IS A CORD, COPY OF THE ORIGINAL ON FILE IN THIS OFIIC ATTEST._ 1 �..19_7-3 City Clerk and &-officio Clerk of the City Counci of the City of Ifuntin&n Beach; U.