HomeMy WebLinkAbout88-110 - Public Employees Retirement System AgreementRESOLUTION NO. 88- 110
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT 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 NEWPORT
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 the procedure by which said public agencies may elect
Law; and
WHEREAS, 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
WHEREAS, the following is a statement of the proposed change:
To exclude the positions of ":POLICE CADET" "POLICE
RESERVE OFFICER" hired on or after the effective
date of this amendment to contract.
WHEREAS, 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 Employees' Retirement
System, a copy of said amendment being attached hereto, as an
"Exhibit " and by this reference made a part hereof.
ADOPTED this 14th day of
AMENDMENT TO CONTRACT BETWEEN THE
BOARD OF ADMINISTRATION OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH
The Board of Administration, Public Employees' Retirement
System, hereinafter referred to as Board, and the governing body
• of above public agency, hereinafter referred to as Public Agency,
having entered into a contract effective July 1, 1945, and
witnessed April 27, 1945, and as amended effective March 1, 1948,
November 1, 1951, April 1, 1956, October 31, 1970, September 18,
1971, December 11, 1971, September 24, 1977, December 18, 1977,
June 17, 1978, March 24, 1979 and June 30, 1979, which provides
for participation of Public Agency in said System, Board of Public
Agency hereby agree as follows:
A. Paragraphs 1 through 10 are hereby stricken from said
contract as executed effective June 30, 1979, 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 July 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);
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EXHIBIT
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. POLICE CADETS; and
b. POLICE RESERVE OFFICERS.
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. Section 20019.3 ( "Local Safety Member" shall
include city lifeguards as described in Government Code Section
20019.3).
b. Sections 21380 - 21387 (1959 Survivor Benefits)
excluding Section 21382.2 (Increased 1959 Survivor Benefits) and
Section 21382.4 (Third Level of 1959 Survivor Benefits).
C. Section 20930.3 (Military Service Credit), as
defined in Chapter 830, Statutes of 1976.
d. Section 21389 (Second Opportunity to Elect 1959
Survivor Coverage). Legislation repealed said Section effective
September 27, 1979 for local miscellaneous members.
e. Section 20862.8 (Unused Sick Leave Credit) for
local miscellaneous members.
8. Public Agency, in accordance with Government Code
Section 20740, ceased to be an "employer" for purposes of Section
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q
20759 effective on September 24, 1977. 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 a members of said Retirement System:
(1) 5.556 percent until June 30, 2000 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) 11.602 percent until June 30, 2000 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 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.
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.
10. Contributions
employees shall be subject
amendments to the Public Em
of the experience under the
periodic investigation and
Law.
required of Public Agency and its
to adjustment by Board on account of
.Dloyees' Retirement Law, and on account
Retirement System as determined by the
valuation required by said Retirement
11. Contributions required by Public Agency and its
employees shall be paid by Public Agency to the Retirement System
within 30 days after the end of the period to which said
contributions refer or as may be prescribed by Board regulation.
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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 OF THE CITY
PUBLIC EMPLOYEES' OF NEWPORT BEACH
RETIREMENT SYSTEM
BY BY
ASSISTANT EXECUTIVE OFFICER MAYOR
PUBLIC EMPLOYEES' RETIREMENT
SYSTEM
C!
T
APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST:
CLERK