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HomeMy WebLinkAboutCity Council - 5078 RESOLUTION NO. 5078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH GIVING NOTICE OF ITS 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 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 con- tract ., 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 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 The following is a statement of the proposed change : To provide for the exclusions of Crossing Guards , Student Designated Positions and Outreach Assistants. 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 City Council of the City of Huntington Beach and the Board of Administration of the Public Employees' Retire- ment 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 4th day of January 19 82 . IL4 tV / - ATTEST: ` Mayor City Clerk RCS:ps 11/23/81 1. REVIEWED AND APPROVED: APPROVED AS TO FORM: 41 City Ad inistrator City Attorney�Ls, INITIATED AND APPROVED: Director of Administrative Services 2. 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, havi entered into a contract under date of October 27, 1945, effective October 1 45, and as amended effective January 1 , 1950, March 1 , 1952, November 1 , 1 7, Larch 1 , 1958, October 1 , 1961 , January 1 , 1971, January 12, 1974,f 1 18, 1975, February 21 , 1976, August 7, 1976, September 17, 1977, Sept30, 1978 and June 6, 1981 , which provides for participation of Public Agen said System, Board and Public Ageney,,hereby agree as follows: A. Paragraphs 1 through 10 are her stricken from said contract as executed effective June 6, 1981 , and he replaced by the following paragraphs numbered 1 through 10 inclusiR 1 . All words and terms ual? herein which are defined in the Public Employees' Retiremenaw shall have the meaning as defined therein unless otherwise s fically provided. "Normal retirement age" shall mean age 60 for 1 ► miscellaneous 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 lax 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 local miscellaneous members). t In addition to the classes of employees excluded from membership by a said Retirement Law, the following classes of employees shall not become members of said Retirement System: EXCLUDE CROSSING GUARDS, EMPLOYEES IA STUDENT DESIGNATED POSITIONS AND SENIOR OUTREACH ASSISTANTS HIRED ON OR AFTER THE EFFECTIVE DATE OF THIS CONTRACT AMENDMEN?. 4. The fraction 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). �5. The fraction of final compensation to be provided.for each year of . credited prior and current service as a local sale ty member shall be determined in accordance with Section 21252.01 P said Retirement Law (2% at age 50 Full). Q The following additional provisions of the lic Employees' Retire- ment Lax which apply only upon election of contracting contracting agency shall apply to the Public Agency and its employ+e`e'�: a. Sections 21380-21387, (1959 Survi s Program), excluding Section 21382.2 (Increased 1959 Survivor zenefits). b. Section 20019.3 (providing forRhe inclusion of lifeguards on ocean beaches as local safet*mbers). C. Sections 21263/21263.1 (POO etirement survivor allowance), for local fire members only.�� d. Section 20020 ("Local Policemen" shall include persons assigned to identification and communication duties in the Police Depart- ment who are not now local safety members and who were in such employment on August 4, 1972, who elect safety membership within 60 days following the amendment of April 18, 1975). I e. Section 20930.3 (Military service credit) as defined in Chapter 1437, Statutes of 1974. f. Section 20024.2 (One-year final compensation). g. Section 20983.6 (Waiver of age 70 retirement) for local miscel- laneous members only. 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 aforementioned date and contributions thereafter made shall lie held by the Board as provided in Section 20759, Government Code. 8. Public Agency shall contribute to said Retirement System as follows: a. Yith .respect to miscellaneous members, the agency shall con- tribute the following percentages of monthly salaries earned as miscellaneous members of said Retirement Systems (1 ) 0.201 percent until June 30, 2000 on account of the liability for prior service benefits. (2) 11 .020 percent on account of the liability for current service benefits. (3) 0.178 percent on account of the liality for the 1959 Survivor Program. X. b. With respect to local safety members, A agency shall contribute the following percentages of monthly �Waries earned as local safety members of said Retirement Sy'Fm: (1 ) 0.040 percent until June 30, 2000 on account of the liability for prior service pnefits. (2) 26.518 percent on account �the liability for current service benefits. C. A reasonable.amount per annIss fixed by the Board to cover the costs of administering saidtea as it affects the employees of Public Agency, not includi the costs of special valuations or of the periodic investigan and valuations required by lax. Q d. A reasonable amount as fixed by the Board, payable in one install- ment as the occasions arise, to cover the costs of special valua- tions on account of employees of Public Agency, and costs of the periodic investigation and valuations required by lax. 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 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 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. r B. This amendment shall be attached to said contract and shall be.effective on the day of , 19 . Witness our hands the day of , 19 . BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF THE CITY OF HUNTINGTON-.BEACI A. BY BY Carl J. Blechinger, Executive Officer Presiding _ icer 0-;k Apprdved as to form: Attest: his G. teseagr, Legal Office, Date Cie kr PAV CON 702 I Res. No. 5078 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) 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 4th day of Janliar-y 19__8_2 _, by the following vote: AYES: Councilmen: MacAllister. Thomas, Pattinson. Finley, Bailey, Mandic} Kelly NOES: Councilmen: None ABSENT: Councilmen: Bone City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California