HomeMy WebLinkAboutReso - CC - 119-1990RESOLUTION 119-90
RESOLUTION OF INTENTION
TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF TBE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF BURLINGAME
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 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 20029.2 (One -Year Final
Compensation) for local police 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 Employees' Retirement System, a copy
of said amendment being attached hereto, as an "Exhibit" and by
this reference made a part hereof.
MAYOR
I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby
certify that the foregoing resolution was introduced at a regular meeting of
the City Council held on the 17th day of September 1990, and adopted
thereafter by the following vote:
AYES: COUNCILMEN: BARTON, HARRISON, LEMBI, O'MAHONY, PAGLIARO
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: NONE
CITY CLERK '
* *f C O P Y
.R 4a�
%441 AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF BURLINGAME
EXHIBIT "A"
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, 1942, and witnessed July 6, 1942, and as amended effective
July 1, 1954, July 1, 1956, April 1, 1963, March 1, 1964, April 1, 1965, March
16, 1967, November 1, 1968, September 1, 1970, April 1, 1973, May 1, 1974,
November 1, 1974, February 20, 1975, March 16, 1975, July 1, 1976, August 16,
1976, May 1, 1979, December 1, 1985, December 1, 1987 and December 6, 1989,
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 6, 1989, 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 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, 1942 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);
C. Employees other than local safety members (herein referred to as
local miscellaneous members).
g. Section 20614, Statutes of 1978, (Reduction of Normal Member
Contribution Rate). From May 1, 1979 and until December 1, 1985,
the normal local miscellaneous member contribution rate shall be
3.58 and the local safety member contribution rate shall be
4.58. Legislation repealed said Section effective September 29,
1980.
* * * C O P Y * * *
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. PLAYGROUND LEADERS WHO ARE PAID ON AN HOURLY BASIS, POLICE CADETS
AND LIBRARY PAGES HIRED ON OR AFTER MARCH 16, 1967: AND
b. FIRE CADETS AND CROSSING GUARDS HIRED ON OR AFTER MAY 1, 1974.
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 21251.13 of said
-
Retirement Law (28 at age 60 Full).
6.
The percentage of final compensation to be provided for each year of
&I
credited prior and current service as a local safety member shall be
g
determined in accordance with Section 21252.01 of said Retirement Law
(28 at age 50 Full).
7.
Public
Agency elected to be subject to the following optional
provisions:
a. Sections 21380-21367 (1959 Survivor Benefits) including
Section 21382.4 (Third Level of 1959 Survivor Benefits).
b. Section 20020 ("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).
C. Section 21222.1 (Special 58 Increase - 1970). Legislation
repealed said Section effective January 1, 1980.
d. Section 21222.2 (Special 58 Increase - 1971). Legislation
repealed said Section effective January 1, 1980.
e. Sections 21263, 21263.1 and 21263.3 (Post-Retirement Survivor
Allowance).
f. Section 21222.6 (Special 158 Increase for Local Miscellaneous
Members).
g. Section 20614, Statutes of 1978, (Reduction of Normal Member
Contribution Rate). From May 1, 1979 and until December 1, 1985,
the normal local miscellaneous member contribution rate shall be
3.58 and the local safety member contribution rate shall be
4.58. Legislation repealed said Section effective September 29,
1980.
* * * C O P Y * * *
h. Section 20614, Statutes of 1980, (To Prospectively Revoke Section
20614, Statutes of 1978).
i. Section 20024.2 (One -Year Final Compensation) 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
August 16, 1976. 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 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.
*0. Public Agency shall also contribute to said Retirement System as
follows:
Q a. Public Agency shall contribute $2.50 per employee, per month on
account of the liability for the 1959 Survivor Benefits provided
under Section 21382.4 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
Q5 miscellaneous members and local safety members.
t�a
b. A reasonable amount, as fixed b j y 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.
C. 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.
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.
* * * C O P Y * * *
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 effec4k a on the
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIR
C,(k
BY i ,
CHIEF, CONTRA,C,..,,TT�VICES DIVISION
PUBLIC EMPLOYFJQ' RETIREMENT SYSTEM
PERS-CON-702 (AMENDMENT)
(Rev. 6/88)
CITY COUNCIL '►�
OF THE
CITY OF BURLINGAME
BY
Presiding OfficeZW
Witness Dat
Attest: O
�Q
Cler)o
day of
Public Employees' Retirement System
Public Agency Contract Services
Contract Services Division - Section 220
Post Office Box 942709
Sacramento, CA 94229-2709
Telephone (916) 326-3420
326-3000 (Telecommunications
Device for the Deaf)
CERTIFICATION OF COMPLIANCE WITH
GOVERNMENT CODE SECTION 7507
I hereby certify that in accordance with Section 7507 of the Government
Code the future annual costs as determined by the System Actuary and/or the
increase in retirement benefit(s) have been made public at a public meeting
by the CITY COUNCIL of _ THE CITY OF BURLINGAME
(governing body) (public agency)
at least two weeks prior to the adoption of the final ordinance/Resolution.
Date: September 18, 1990
original signat e
CITY CLERK
official title
PERS-CON-12A (Rev. 11/88)
C0601
Public Employees' Retirement System
Public Agency Contract Services
Contract Services Division - Section 220
Post Office Box 942709
Sacramento, CA 94229-2709
Telephone (916) 326-3420
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 BURLINGAME CITY COUNCIL
(Governing Body)
of the CITY OF BURLINGAME
(Name of Public Agency)
on SEPTEMBER 17 1990
(Data)
CITY CURK pr
Secretary of the Boa
FCSD-CON-12
C0600 (Rev. 11/88)