HomeMy WebLinkAboutCity Council - 5839 RESOLUTION NO. 5839
A RESOLUTION OF INTENTION BETWEEN THE CITY COUNCIL
OF THE CITY OF HUNTINGTON BEACH AND THE BOARD OF
ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT
SYSTEM TO AMEND THE PERS CONTRACT TO PROVIDE
SECTION 20938 FOR LOCAL SAFETY MEMBERS.
WHEREAS, the Public Employee's 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 provide Section 20938 (Permits the Cancellation of Payment for
Optional Service Credit Upon Retirement for Industrial Disability for
Retired and Retiring Members) for local safety members.
NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency
does hereby give notice of intention to approve an amendment to the contract between the
said governing body and the Board of Administration of the Public Employee's Retirement
System, a copy of said amendment being attached hereto, as "Exhibit All and by this
reference made a part hereof.
Mayor
ATTEST: APPROVED AS TO FORM:
r
City Clerk City AttorV U
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Adminis ra or e u y i y ftdminist77
3541j D
Public Employees' Retirement System
Field & Contract Services Division
Contracts Office, Section 900
Post Office Box 942709
Sacramento, California 94229-2709
Telephone (916) 326-3608
326-3000 (Telecommunications Device for the Deaf)
CERTIFICATION OF GOVERNING BODY'S ACTION
I hereby certify that the foregoing is a true and correct copy of a Resolution
adopted by the City Council of the City of Huntington Beach, California on the 19th, of
January, 1988.
Alicia Wentworth
City Clerk
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EXHIBIT A
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�11
AMENDMENT TO CONTRACT
BETWEEN THE
501 BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF HUNTINGTON BEACH
The Board of Administration, Public Employees' Retirement System, hereinafter
referred to as Board, and the governing body of above public agency, herein-
after referred to as Public Agency, having entered into a contract effective
October 1, 1945, and witnessed October 27, 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, September 17, 1977, September 30, 1978, June 6, 1981, March 18,
1982, February 24, 1983 and December 4, 1986, which provides for participation
of Public Agency in said System, Board and Public Agency hereby agree as
follows:
A. Paragraphs 1 through 11 are hereby stricken from said contract as executed
effective December 4, 1986, 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 contract-
ing agency.
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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. LoaY Fire Fighters (herein referred to as local safety members) ;
b. al Police Officers herein referred to as local safety
( Y
\\members) ;
1. Local Police Officers shall include 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 DECEMBER 4, 1986.
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
(28 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 Benefits) 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) .
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C. Sections 21263, 21263.1 and 21263.3 (Post-Retirement Survivor
Allowance) for local fire members only.
d. Sect 14 ion 20020 ("Local Police Officer" shall include persons
asgned to identification and communication duties in the Police
rtment who were not classified as local safety members and
� o were in such employment on or prior to August 4, 1972, and
ho elected to be local safety members prior to April 18, 1975) .
® Section 20930.3 (Military Service Credit) , as defined in Chapter
1437, Statutes of 1974.
41 f. Section 20024.2 (One-Year Final Compensation) .
g. Section 20818 (Two-Years Additional Service Credit) , as defined
in Chapter 327, Statutes of 1982.
h. Section 20938 (Cancellation of Payment for Optional Service
Credit Upon Retirement for Industrial Disability for Retired or
Retiring Members) , as defined in Chapter 885, Statutes of 1983
for local safety members only.
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) 0.221 percent until June 30, 2000 on account of the
liability for prior service benefits. (Subject to annual
change. )
(2) 7.280 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:
(1) 0.051 percent until June 30, 2000 on account of the
liability for prior service benefits. (Subject to annual
change. )
(2) 19.342 percent until June 30, 2011 on account of the
liability for current service benefits. (Subject to annual
change. )
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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 b law.
P 9 q Y
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 efctive on the day of
19
BOARD OF ADMINISTRATION ��„ CITY COUNCIL
PUBLIC EMPLOYEES' RETIRE SYSTEM OF THE
CITY OF HUNTINGTON BEACH
a
t
BY `. BY
SANDRA C. LUND A, Presiding Officer IN
ASSISTANT ASSISTANT EXE IVE OFFICER �*
BENEFITS SE ES
NJ
Witness Date
Attest:
Cle °k`
PERS-CON-702 (AMENDMENT)
(Rev. 9/86)
5839
Res. No. 5839
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Cldrk 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 19th day
of January , 19_$$ by the following vote:
AYES: Councilmen:
Kelly, Green, Finley. Erskine,. ( agg, WinnhPll , RanniSjpr
NOES: Councilmen:
None
ABSENT: Councilmen:
None
City Clerk and ex-officio Clerk
of the City Council of. the City
of Huntington Beach, California
5839