HomeMy WebLinkAboutCity Council - 2003-20 RESOLUTION NO. 2003-20
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH:
(A) STATING THE CITY COUNCIL'S INTENTION TO APPROVE AN AMENDMENT
TO THE EXISTING CONTRACT BETWEEN THE BOARD OF ADMINISTRATION
OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND
THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH; AND
(B) PROVIDING NOTICE THAT ON APRIL 7, 2003. THE CITY COUNCIL WILL
CONSIDER ADOPTION OF ORDINANCE NO..a601. , APPROVING SAID
CONTRACT AMENDMENT; THE SUBJECT MATTER BEING THE PROVISION
OF SECTION 21548 PRE-RETIREMENT OPTIONAL SETTLEMENT 2 DEATH
BENEFIT AND SECTION 21574 (FOURTH LEVEL OF 1959 SURVIVORS
BENEFITS) FOR LOCAL MISCELLANEOUS MEMBERS
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 setts forth the procedure by which said public agencies may elect to subject
themselves and their employees to amendments to said Law; and
WHEREAS, the City Council of the City of Huntington Beach, effective October 1,
1945, entered into such a contract with the Board of Administration, California Public
Employees' Retirement System ("CALPERS"); which contract has been amended a number
of times since October 1, 1945; and
WHEREAS, one of the steps in the procedure to amend the existing City Council of the
City of Huntington Beach/CALPERS contract is by the City Council's adoption of a resolution
giving notice of the City Council's 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 Government Code Section 21548 (Pre-retirement
Optional Settlement 2 Death Benefit) and Government Code
Section 21574 (Fourth Level of 1959 Survivor Benefits) for Local
Miscellaneous Members.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington
Beach, as follows:
Section 1. The City of Huntington Beach hereby gives notice that on April 7, 2003,
the City Council will consider adoption of Ordinance No. 3601 ; which ordinance will
approve an amendment to the existing contract between the City Council of the City of
Huntington Beach and CALPERS, concerning the above-described retirement benefits to local
miscellaneous members.
03 ResoTERS Ainendmcnt/lnvjnl2/19/2003 1
EXHIBIT A
RESOLUTION OF INTENTION
TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
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 procedures 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
WHEREAS, the following is a statement of the proposed change:
To provide Section 21548 (Pre-Retirement Optional
Settlement 2 Death Benefit) and Section 21574 (Fourth
Level of 1959 Survivor Benefits) for local miscellaneous
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 said public agency 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.
B :
Y &,,�
Presiding Officer , AfA o&
+ Title
Date adopted and approved
(Amendment)
CON-302(Rev.4196)
zn o "
CaIPERS
EXHIBIT
California
Public Employees' Retirement System
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of Huntington Beach
The Board of Administration, California Public Employees' Retirement System,
hereinafter referred to as Board, and the governing body of the above public agency,
hereinafter 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,
December 4, 1986, March 18, 1988, November 4, 1999, April 20, 2000, June 30, 2001
and October 5, 2001which provides for participation of Public Agency in said System,
Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 12 are hereby stricken from said contract as executed
effective October 5, 2001, and hereby replaced by the following paragraphs
numbered 1 through 12 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 55 for local miscellaneous members and age 50 for local safety
members.
-10A3 --1,3
PLEASE DO NOT SIGN "EXHIBIT ONLY"
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 contracting
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);
b. Local Police Officers (herein referred to as local safety 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. Ocean Beach 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 FIREFIGHTERS HIRED ON AND AFTER DECEMBER
4, 1986.
5. The percentage 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 21354 of said Retirement Law
(2% at age 55 Full).
Tis .2vb2 -a�
PLEASE DO NOT SIGN "EXHIBIT ONLY"
6. The percentage 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 21362.2 of said Retirement Law
(3% at age 50 Full).
7. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 21571 (Basic Level of 1959 Survivor Benefits) for local fire
members only.
b. Section 20421 ("Local Safety Member" shall include ocean beach
lifeguards of a city as described in Government Code Section
20421).
C. Sections 21624, 21626 and 21628 (Post-Retirement Survivor
Allowance) for local fire members only.
d. Section 20020.1 ("Local Police Officer" shall include employees of
a police department who were employed to perform identification or
communication duties on August 4, 1972 and who elected to be
local safety members within six months of April. 18, 1975).
Legislation repealed said Section effective January 1, 1985.
e. Section 21024 (Military Service Credit as Public Service), Statutes
of 1974.
f. Section 20042 (One-Year Final Compensation).
g. Section 20903 (Two Years Additional Service Credit).
h. Section 21037 (Cancellation of Payment for Optional Service Credit
Upon Retirement for Industrial Disability) for local safety members
only.
i. Section 21573 (Third Level of 1959 Survivor Benefits) for local
miscellaneous members only.
j. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local
miscellaneous members; local police members and ocean beach
lifeguards only.
Asa 3 a�
PLEASE DO NOT SIGN "EXHIBIT ONLY"
k. Section 21548 (Pre-Retirement Optional Settlement 2 Death
Benefi)for local miscellaneous members only.
8. Public Agency, in accordance with Government Code Section 20790,
ceased to be an "employer" for purposes of Section 20834 effective on
April 18, 1975. Accumulated contributions of Public Agency shall be fixed
and determined as provided in Government Code Section 20834, and
accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20834.
9. Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuations of prior and future service liability with
respect to local miscellaneous members and local safety members of said
Retirement System.
10. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21574 of said Retirement
Law. (Subject to annual change.) In addition, all assets and
liabilities of Public Agency and its employees shall be pooled in a
single account, based on term insurance rates, for survivors of all
local miscellaneous members and local safety members.
b. A reasonable amount, as fixed by the Board, payable in one
installment 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.
C. 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.
11. 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.
12. Contributions required of Public Agency and its employees shall be paid
by Public Agency to the Retirement System within fifteen 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�gc�fFective on the day of ,
BOARD OF ADMINISTRATI CITY COUNCIL
PUBLIC EMPLOYEES' RET MENT SYSTEM CITY OF HUNTINGT BEACH
BY LLI BY
KENNETH W. MARZIO HIEF PRESIDING OFF R
ACTUARIAL & EMPLOY
R SERVICES DIVISION
PUBLIC EMPLOYEES6 ETIREMENT SYSTEM `tCI
0
� ,Ca
Witness Da�C
Attest:
Cl? Q
1T
Clerk.
4
AMENDMENT ER#97
PERS-CON-702A(Rev.8k02)
Section 2. A copy of the proposed amendment to the City Council of the City of
Huntington Beach/CALPERS contract is attached hereto as Exhibit"A," and incorporated
herein by reference.
Section 3. A copy of the proposed contract amendment is also attached as an exhibit
to Ordinance No. 3601
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 3Ad day of March 2003.
Mayor
ATTEST: APPROVED AS TO FORM:
- �city C;lerj< SCy
U LKM k jeAb
REVIEWED AN PF ED. INITIAT N PPROVED:
i'
J'
City Administrator /' Director of dministrative ervices
�I
03 Reso/PERS Amendmendlm/jn/1/21/2003 2
Res. No. 2003-20
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, 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 at least a majority of all the
members of said City Council at an regular meeting thereof held on the
3rd day of March, 2003 by the following vote:
AYES: Sullivan, Coerper, Green, Boardman, Cook
NOES: None
ABSENT: Houchen, Hardy
ABSTAIN: None
Connie Brockway, city Clerk
I
BY
Deputy City Clerk and ex-off o Clerk of the
City Council of the City of
Huntington Beach, California