HomeMy WebLinkAboutCity Council - 5712 RESOLUTION NO. 5712
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH OF 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 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 governing 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 exclude "RESERVE FIRE FIGHTERS" hired on and
and after the effective date of this amendment
to contract.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Huntington Beach does hereby give notice of intention to
approve an amendment to the contract between itself 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 6thday
of October , 1986.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Administrator D1rector of Personnel
AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COU NCI L
OF THE
p�¢•�` t� CITY OF HUNTINGTON BEACH
ap S
The Board of Administration, Public /td'i Retirement System, hereinafter
referred to as Board, and the governing bWQ e public agency, herein-
after referred to as Public Agency, having entercvpo a contract effective
October 1, 1945, and witnessed October 27, 1945, and as amended effective
J aunary 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, September 17, 1977, September 30, 1978, June 6, 1981 , March 18,
1982 and February 24, 1983, which provides for participation of Public Agency
in said System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 10 are hereby stricken from said contract as executed
effective February 24, 1983, and hereby replaced by the following
paragraphs numbered 1 through 11 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 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 those, which by
express provisions thereof, apply only on the election of a contrac-
ting agency.
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 Fire Fighters (herein referred to as local safety members);
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b. Local Po erein referred to as local safety
members; !yy l$/T Qfj��JJ//��VV
1. Local Police Officers shall i'nL�l 6e individuals defined by
Section 20020 of the Government Code prior to its amendment
at the 1975-76 Regular Legislative Session, effective
January 1, 1976, employed by Public Agency prior to such
amendment;
c. Lifeguards (included as local safety members) ;
d. Employees other than local safety members (herein referred to as
local miscellaneous members).
4. 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:
a. CROSSING GUARDS, EMPLOYEES IN STUDENT DESIGNATED POSITIONS AND
SENIOR OUTREACH ASSISTANTS HIRED ON AND AFTER MARCH 18, 1982; AND
b. RESERVE FIRE FIGHTERS HIRED ON AND AFTER THE EFFECTIVE DATE OF
THIS AMENDMENT TO CONTRACT.
5. 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).
6. The fraction of final compensation to be provided for each year of
credited prior and current service as a local safety member shall be
determined in accordance with Section 21252.01 of said Retirement Law
(2% at age 50 Full).
7. 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 Survivor Program) excluding Section
21382.2 (Increased 1959 Survivor Benefits) and Section 21382.4
(Third Level of 1959 Survivor Benefits).
b. Section 20019.3 ("Local Safety Member" shall include city
lifeguards as described in Government Code 'Section 20019.3).
C. Sections 21263, 21263.1 and 21263.3 (Post-Retirement Survivor
Allowance) for local fire members only.
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d. Section kafLb Pq a Officer" shall include persons
assigned to identif a ti c 'local
duties in the Police
Department who were not classiTi local safety members and
who were in such employment on or prior to August 4, 1972, and
who elected to be local safety members prior to April 18, 1975) .
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 20818 (Two-Years Additional Service Credit), as defined
in Chapter 327, Statutes of 1982.
8. Public Agency, in accordance with Government Code Section 20740,
ceased to be an "employer" for purposes of Section 20759 effective on
April 18 1975. Accumulated contributions of Public Agency shall be
fixed and determined as provided in Government Code Section 20759, and
accumulated contributions thereafter shall be held by the Board as
provided in -Government Code Section 20759.
9. Public Agency shall contribute to said Retirement System as follows:
a. With respect to local miscellaneous members, the agency shall
contribute the following percentages of salaries earned as
members of said Retirement System:
( 1) 0.265 percent until June 30, 2000 on account of the
liability for prior service benefits. (Subject to annual
change.)
(2) 8.759 percent until June 30, 2011 on account of the
liability for current service benefits. (Subject to annual
change.)
b. With respect to local safety members, the agency shall contribute
the following percentages of salaries earned as members of said
Retirement System: ,
f ( 1) 0.070 percent until June 30, 2000 on account of the
liability for prior service benefits. (Subject to annual
change. )
(2) 20.871 percent until June 30, 2011 on account of the
'liability for current service benefits. (Subject to annual
change.)
C. A reasonable amount, as fixed by the Board, payable in one in-
stallment within 60 days of date of contract 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 in—
stallment 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.
10. 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.
11 . 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.
Adjustments on account of errors in contributions required of any
employee may be made by direct payments between the employee and the
Board—
B. This amendment shall be effective on the day of
19
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF THE
CITY OF HU NTINGTON BEACH
BY PiC SE Do BY
KENNETH G. THOMASON � ,�,i�� , Presiding Officer .
ACTING EXECUTIVE OFFICER au
Witness Date
Approved as to form: Attest:
Legal Office, Date Clerk Date
PERS—CON-702 (AMENDMENT)
(Rev. 9/85)
Res. No. 5712
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 6th day
of OrtnhPr 19 Rr, by the following vote:
AYES: Councilmen:
Ka11V, Ma,rAllietar, FinlpV, Man ire Rai.]PV, Araan, Thnmac
NOES: Councilmen:
Non
ABSENT: Councilmen:
Absent
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California