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HomeMy WebLinkAboutCity Council - 5196 RESOLUTION NO. 5196 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OF INTENTION TO APPROVE AN AMEND- MENT TO CONTRACT WITH THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM 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 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 amend- ment 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 Section 20818 (two years additional service credit ) , Statutes of 1982. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that it does hereby give notice of in- tention to approve an amendment to the contract with the Board of Administration of the Public Employees ' Retirement System, a copy of said amendment being attached hereto as an exhibit, and ahb 11/12/82 1. 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 November , 1982. Mayor ATTEST: APPROVED AS TO FORM: GAIL H TTON, y Attorney By City Clerk Deputy y Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Admi istra ve Chief of Admi strative 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, having entered into a contract under e, fective October 1 , 1945, and as amended effective date of October 27, 1.94?l January 1 , 1950, March 1 ,C' ,hhNovember 1 , 1957, March 1 , 1958, October 1 , 1961 , January 1 , 1971 , January�fW, Pp 74, April 18, 1975,, February 21 , 1976, August 7, 1976, September 17, 19 mber 30, 1978, June 6, 1981 and March 18, 1982, which provides for participatq/%p4,Public Agency in said System, Board and Public Agency hereby agree as f olloftyvz, A. Paragraphs 1 through 10 are hereby stricken from Qkt),6ontract as executed effective March 18, 1982, and hereby replaced by the following paragraphs numbered 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 local 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 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 local miscellaneous members). In addition to the classes of employees excluded from membership .by said Retirement Law, the following classes of employees shall no become members of said Retirement System: EXCLUDE CROSSING GUARDS, EMPLOYEES IN STUDENT DESIGNATED POSITIONS AND SENIOR OUTREACH ASSISTANTS HIRED ON OR AFTER MARCH 18, 1982. 4. The fraction of final compensation to be provided for each year of credited priorQ3 d current service as a local miscellaneous member shall be deter��m<<.* ;-S 'n accordance with Section 21251 .13 of said Retirement Law (2% rto& 60 Full). 5• The fraction of final compens�&0 j to be provided for each year of credited prior and current serviLd A local safety memb-,r shall be determined in accordance with Secti ' ���ji�2.01. of said Retirement Law (2% at age 50 Full). QN 1rj 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 21380-21387, ( 1959 Survivors Program), excluding Section 21382.2 (Increased 1959 Survivors benefits). b. Section 20019.3 (providing for the inclusion of lifeguards on ocean beaches as local safety members). c. Sections 21263/21263.1 (Post-retirement 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 wlo are not now local safety members and who were in such emploJ.,i>nt on August 4, 1972, who elect safety membership on or before April 18, 1975)• Y 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 miscellaneous members only. h. Section 20818 (Additional service credit), Statutes of 1982. 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 be held by the Board as provided in Section 20759, Government Code. 8. Public Agency shall contribute to said Retirement System as follows: s. With respect to miscellaneous members, the agency shall contribute the following percentages of monthly salaries earned as miscellaneous members of said Reti.r: mtInt System: (1 ) 0.206 percent until June 30, 2000 on account of the liability for prior service benefits. (2) 11 .347 nt on account of the liability for current service b � ts. (3) 0.058 percent (14t unt of the liability for the 1959 Survivor Program. /CIV i� b- With respect to local safety me , the agency shall contribute the f oll_rwing percentages of month laries earned as local safety members of said Retirement Sysf�, (1 ) 0.033 percent until June 30, 2000 on account of the liability for prior service benefits. (2) 24.882 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 periodic 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 periodic 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 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. B. This amendment shall be attached to said contract and shall be effective on the _ day of 19_ j Witness our hands the day of 19 k BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREN77N1' SYSTEM OF THE CITY OF HUNTINGON BEACH IA BY `C.��. BY Carl J. Blechinger, Execute e ficer Presiding Officer �p'01 S/ ,1 Approved as to form: C'Y 1ii ttest: Cy hia G. B seiner, Legal Office, Date Clerk PERS CON-702 Res. No. 5196 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City C1drk 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 November 19 82 , by the following vote: AYES: Councilmen: Thomas, MacAllister, Mandic, Bailey, Finley, Kelly NOES: Councilmen: None 1 ABSENT: Councilmen: Pattinson on City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California