HomeMy WebLinkAboutCity Council - 2006-2 RESOLUTION NO. 2006-2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH:
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
PROVIDING NOTICE THAT ON February 6, 2006THE CITY COUNCIL WILL
CONSIDER ADOPTION OF ORDINANCE NO. 3 7 2 5 APPROVING SAID CONTRACT
AMENDMENT; THE SUBJECT MATTER BEING THE PROVISION OF SECTION 21548
PRE-RETIREMENT OPTIONAL SETTLEMENT 2 DEATH BENEFIT FOR PUBLIC
SAFETY MEMBERS
WHEREAS, the City Council of the City of Huntington Beach, effective October 1,
1945, entered into 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, 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 procedure to amend the existing contract between the
City of Huntington Beach and CALPERS is by the City Council's adoption of a resolution
giving notice of its intention to approve an amendment to said contract; which resolution shall
contain a summary of the proposed change; and
WHEREAS, the following is a statement of the proposed change:
To provide Government Code Section 21548 (Pre-Retirement
Optional Settlement 2 Death Benefit) for Public Safety
Members
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington
Beach as follows:
SECTION 1. The City Council of the City of Huntington Beach hereby gives notice that
on February 6, 2006, it will consider adoption of Ordinance No. 3725 ; 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
public safety members.
05reso/PERS death 2 1
Resolution No. 2006-2
SECTION 2. A copy of the proposed amendment to the CALPERS /City Council of the
City of Huntington Beach contract is attached hereto as Exhibit "A" and incorporated herein by
this reference.
SECTION 3. A copy of the proposed contract amendment is also attached as an exhibit
to Ordinance No. 3795
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 1 7thday of January , 200:.0
Mayor
REVIEWED AND APPROVED: APPROVED AS TO FORM:
Y, ty Admihistrator Ci y Attorney l2 f 7 r
INI D A D APPROVED:
Deputy City Administrator
05reso/PERS death 2 2
Exhibit "A"
Reso. 2006-2
Ca1PERS
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, 2005, 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,
October 5, 2001, February 6, 2003 and May 8, 2003
A. Paragraphs 1 through 12 are hereby stricken from said contract as executed
effective May 8, 2003, 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.
Exhibit "A"
Reso. 2006-2
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 HIRERD
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).
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).
Exhibit "A"
Reso. 2006-2
7. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local
safety members and local miscellaneous members.
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 21548 (Pre-Retirement Optional Settlement 2 Death
Benefit).
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.
P
Exhibit "A"
Reso. 2006-2
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 effective on the 11 fh day of ma-rch , 2006
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF HUNTINGTON BEACH
c
BY l BY .
LO I G TLAND, ACTING CHIEF PRESIDING OFFICER
AC*AR & EMPLOYER SERVICES BRANCH
PUBLIC MPLOYEES' RETIREMENT SYSTEM
Witness Date
At
Clerk G �
AMENDMENT ER#0097
PERS-CON-702A(Rev. 8\05)
Res. No. 2006-2
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN 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 17th day of
January, 2006 by the following vote:
AYES: Bohr, Green, Coerper, Sullivan, Hardy, Hansen, Cook
NOES: None
ABSENT: None
ABSTAIN: None
Ci Clerk and ex-officio Jerk of the
City Council of the City of
Huntington Beach, California