HomeMy WebLinkAboutCity Council - 4623 RESOLUTION NO. 4623
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
the 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
One of the steps in the procedures to amend this contract
is the adoption by the legislative body of the public agency
of the Resolution giving notice of its intention to approve an
amendment to said contract , which Resolution shall contain a
summary of the change proposed to said contract; and
The following is a statement of the proposed change :
Section 21252 . 01 (Full 2% at age 50)
for police and lifeguard members .
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 the contract
between the said City Council 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 AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 5th
day of June, 1978.
ATTEST:
A {J
City Clerk Mayor
6/5/78 1.
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APPROVED AS TO FORM:
City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
S�� a-7i�L
ity Administrator Director of Per onnel
and Labor Relations
2 .
_EX -9-41T ONLY
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, herein-
after referred to as "Board", and the governing body of above public agency,
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, January 1, 1971, January 12, 1974, April 18, 1975, February 21, 1976,
August 7, 1976, and September 17, 1977, which provides for participation of
Public Agency in said System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 9 are hereby stricken from said contract as
executed effective April 18, 1975, and hereby replaced by the
following paragraphs number 1 through 10 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 50 for local
safety members.
2. Public Agency shall participate in the Public Employees' Retirement
System from and after October 1, 1945, 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 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);
c. Lifeguards on ocean beaches (included as local safety members) ;
d. Employees other than local safety members (herein referred to as
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:
NO ADDITIONAL EXCLUSIONS
CON-702-1
4. The fraction of final compensation to be provided for each year of
credited prior and current service as a miscellaneous member shall
be determined in accordance with Section 21251.13 of said Retirement
Law (2% at age 60) .
5. The fraction of final compensation to be provided for each year
of credited prior and current service as a safety member shall
be determined in accordance with Section 21252.01 of said
Retirement Law (22 at age 50) .
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. Sections 21380-21388 (providing for allowances for survivors
of members covered under the 1959 Survivor's Program upon the
member's death before retirement).
b. Section 20019.3 (providing for the inclusion of lifeguards on
ocean beaches as local safety members) .
c. Sections 21263 and 21263.1 (providing upon the death of a
member who retired for service or disability for continuance
of a post-retirement survivor allowance to certain survivors)
for local safety fire members.
d. "Local Policemen" shall include persons assigned to identification
and communication duties in the Police Department who are not now
local safety members and who were in such employment on August 4,
1972, who elect safety membership within sixty days of the effective
date of this amendment.
e. Section 20930.3 (allowing public service credit under the provisions
of Chapter 1437, Stats. 1974, for up to four years of continuous
military or merchant marine service).
f. Section 20024.2 (defining "final compensation" on the basis of
average compensation earnable during the year imaediately
preceding retirement or any other one year period elected by
the member) for local safety members.
7. Public Agency, in accordance with Section 20740, Government Code,
ceased to be an "employer" for purposes of Chapter 6 of the Public
Employees' Retirement Law effective on April 18, 1975.
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 afore-
mentioned date and contributions thereafter made shall be held by
the Board as provided in Section 20759, Government Code.
CON-702-2
8. Public Agency shall contribute to said Retirement System as follows:
a. With respect to miscellaneous members, the agency shall
contribute the following percentages of monthly salaries
earned as miscellaneous members of said Retirement System:
(1) 0.112 percent until June 30, 2000, on account of the
liability for prior service benefits.
(2) 8.382 percent on account of the liability for current
service benefits.
(3) 0.201 percent on account of the liability for the
1959 Survivor Program.
b. With respect to local safety members, the agency shall
contribute the following percentages of monthly salaries
earned as local safety members of said Retirement System:
(1) 0.006 percent until June 30, 2000, on account of the
liability for prior service benefits.
(2) 22.629 percent on account of the liability for current
service benefits.
c. A reasonable amount per annum, as fixed by the 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 of the periodical 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 periodical investigation and valuations
required by law.
9. 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 periodical
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 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, or adjustments on account of errors
in contributions 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 the form
of warrants, bank checks, bank drafts, certified checks,
money orders, or cash.
CON-702-3
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B. This amendment shall be attached to said contract and shall be effective an
the dap of , 19
Witness our hands this dap of , 19
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF THE
CITY OF HUNTINGTON BEACH
BY BY
Carl J. Blechinger, Executive Officer Presiding Officer
Approved as to form:
•
Legal Office, PERS Clerk w �
CON-702--4
Res. No. 4623
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
1, ALICIA M. WENTWORTH, the duly elected, 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 5th day
of June , 19 78 , by the following vote:
AYES: Councilmen:
Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman
NOES: Councilmen
None
ABSENT: Councilmen:
Pattinson
107
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
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