HomeMy WebLinkAboutCity Council - 4802 RESOLUTION NO. 4802
RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT
TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION
OF THE PUBLIC EMPLOYEE' RETIREMENT SYSTEM AND
THE CITY COUNCIL OF 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 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 change proposed in said contract ; and
WHEREAS, the following is a statement of the proposed
change :
To provide Section 20983. 6 (Waiver of age 70
retirement) for local miscellaneous members only.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of
the City of Hungtington 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
15th day of October 1979
Ma or
ATTEST: APPROVED AS TO FORM:
44 4�de;g-,�
City Attorney
APPROVED: INITIATED AND APPROVED:
J
Ci Administrator Director o Personnel
and Labor elations
A:tIruli M TO CO tTitACT BETWEM 'THE
EWi" OF ADAINISTKATION �" �.f
PUBLIC EWIAY'EES' RLTIM-MiT SYSTEI f ,,
AND THE ;• `'�'
eft°
CITY COUNCIL A
OF THE
CITY OF RUINfINGTON BEACH � r
The Board of Ad miuistration, Public Employees' Retirement System, 1AA20ir
after referred to as "Board", and the governing body of above public agenrc
hereinafter referred co 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 2, 1952, November 1, 1957, lurch 1, 1958,
October 1, 1961, January 1, 1971 January 12, 1974, April 13, 1975,
February 21, 1976, August T, 1976, September 17, 1977, and September 30, 1978,
which provides for participation of Public Agency in said System, Board and
Public Agency hereby agree as follows:
A Paragraphs l through 10 are hereby stricken from said contract as
executed effective September 30, 1978, and hereby' replaced d by the
following paragraphs number- 1 through 10 inclusive:
1. All words.aed 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 an
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 became
semtkeers of said Retirement System except such in each such class
as are excluded by lair or this agreement
a. Local Firemen (herein referrred to as local safety ambers);
b. Local Policemen (hareem referred to as local safety members);
C. Lifeguards on ocean beaches (included as local safety members);
d. Employees other than local safety *embers (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
becme members of said Retirement System:
N0 ADDITIONAL E CCLUSIOWS
4. The fraction of final compensation to be provided for each year of
credited pricer and current service as a miscellaneous member shall
be determined in accordance with Section 21251.13 of said Retirement
Law (2% at age 60).
S. 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 (2% at age 50).
6. The follow1mg, 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 21380-21388 (1959 Survivors Program).
b. Section 20019.3 (providing for the inclusion of lifeguards on
ocean beaches as local safety ambers)
c. Sections 21263/21.263.1 (Post- retirement survivor allowance) , for
local firs safety members.
d. "Local Policemen" shall include parsons 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 60 days of the effective data
of this moudme:nt.
e. Section 20930.3 (KUitary service credit) as defined time Chapter
1437, Statutes of 1974.
f. Section 20024.2 (One-year final compensation), for local
safety ambers.
S. Section 20983.6 (Waiver of age 70 retirement) for local slaceel-
laneous ambers only.
7. Public Agency, in accordance with Section 20740, Goverment 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 t u waaf ter made shall be held by
the Board as provided is Section 20759, Goverment Code.
8 Public Agency shall contribute to said Retirement System as follows:
a. With respect to miscellaneous wembers, 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) 8.381 percent on account of the liability for current
sere i,c a 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
eerasd as local safety members of said Retirement Systems
(1) 0.005 percent until June 30, 2000 on account of the
liability for prior service benefits.
(2) 22.689 percent on account of the liability for current
service benefits.
c. A reasonable amount per sa mm6 as freed by the Board to cover
tbs costa of administeenriagg said System as it affects the
employees of Public Agency, not including the costs of special
valuations or of the periodical imrest gation and valuations
required by law.
d. A reasonable amount as fixed by the Board. Payable in one
installment as the occasions arise, to coved the costs of
special valuations on account of employees of Public A.geency
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 reem►ittances or adjustments on account of errors
in contributions required of any employee may be made by
direct caste paMm3ents between the eesnloyee and the Board.
Payments by Public Agency to Board may be ::made in the form
of warrants, bank checks, bank drafts, certified checks,
eaoney orders, or cash.
B. This amenftant shall be attached to said contract and shall be effective on
the stay of , 19
Witness our hands this day of 19_ ,�,,.,, *
BOA" OF Ail INISTRATIM CITY COUNCIL
PUBLIC EMPLOYEES' RETIRL'IMT SYST01 OF THE
CITY OF HUNTINMN BEACH
By _ BY
Carl 1. B echinger, Executive MEW ��. ;� Presiding ;Rficer
Approved as to forms , dt�toots
Lega ic
lOff e, PEAS tek
r
Res. No. 4802
STATE OF CALIFORNIA )
COUNTY OF ORANGE
CITY OF HUNrINGTON BEACH )
G
I, 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 15th day
of October 19 79 by the following vote:
AYES: Councilmen:
Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder
NOES: Councilmen:
None
ABSENT: Councilmen:
Finley
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California