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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)