HomeMy WebLinkAboutResolution No. 5791 RESOLUTION NO. 5791
A RESOLUTION 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 DOWNEY.
WHEREAS, the Public Employees' Retirement Law permits the participation of
public agencies and their employees in the Public Employees' Retirement System b
y by
the execution of a contract, and sets forth the procedure by which said P ublic
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 21382.4 (Third Level of 1959 Survivor Benefits) for
local miscellaneous members and local safety members.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS
FOLLOWS:
SECTION 1. That the City Council of the City of Downey does hereby give
notice of intention to approve an amendment to the contract between the City
Council and the Board of Administration of the Public Employees' Retirement
System, a copy of said amendment being attached hereto as Exhibit A, and by this
reference made a part hereof.
SECTION 2. The City Clerk shall certify to the adoption of this resolution
and provide for the distribution thereof.
APPROVED AND ADOPTED this 10th day of May , 1994.
,, '/' /
Robert S. Brazelton, f yor
TEST :
2 j r)Y.461--te
City Clerk
K fr-
I HEREBY CERTIFY that the foregoing resolution was •
g g a s duly adopted by the City
Council of the City of Downey at a regular meeting thereof held on the
10th day of May , 1994, by the followin g vote, to wit:
AYES: 5 Council Members: McCaughan, Riley, Boggs, Lawrence, Brazelton
NOES: 0 Council Members: None
ABSENT: 0 Council Members: None
d.aVS
6 /
City Clerk
•
EXHIBIT A -
AMENDMENT TO CONTRACT
BETWEEN 111E
BOAR]) OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CTI'Y COUNCIL
OF THE
CITY OF DOWNEY
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, ha ' entered
into �
nto a contract effective February 1, 1951 and witnessed February 3, 1958, and as amended effective
May 1, 1959, March 1, 1964, January 1, :'.965, January 1, 1966, July 1, 1970, January 3, 197 I J
1, 1974, J � •� � • 1971, a�r�1ary
January 1, i975, March ..2, 19 6, January 7, 1977 and August 1, 1983, which provides for
participation of Public Agency in said System, Board and Public Agency hereby agr ee as follows:
A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective August 1,
1983, and hereby replaced by the following paragraphs numbered 1 through 13 inclusive:
1. All words and terms used l herein which- are defined in the Public Employees' Retirement
Law shall have the mean: ig as defined therein unless otherwise specifically provided.
"Normal retirement age" sail mean age 60 for Local miscellaneous members and age 50
for local safety members.
2. Public Agency shalt participate in the public Employees' Retirement System from and
after February 1, 1958 making its employees as hereinafter provided, members of said
System subject to all prov sions 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).
4. In addition to the classes or employees excluded from membership by said Retirement
Law, the following classes of employees shalt not become members of said Retirement
System:
a. CROSSING GUARDS EURED ON OR AFri it MAY 1, 1959; AND
b. TEMPORARY EMPLOYEES HIRED ON OR AFTER MAY 1, 1959.
•
S. Public enc and the Downey wney Recreation and Park District have
of their contracts, and tits � agreed to a merger
contract shall be a continuation of the benefits of the cont Y
of the Downey Recreation and Park District, ursuant to Section on 20567.6 of the
Government Code. Such merger is effective as of Jul 1, '
contract, ... Y � Public Agency, by this co
ct, assumes the ass and liabilities accumulated under the former contract of the
Downey Recreation and .Park District, in the ratio of the District's a
lzst payroll assumed by
Public
Agency to the list total 'District payroll. Legislation repealed said Section
effective January 1, 1988.
6. The percentage of final compensation to be id
mpens provided for local miscellaneous members for
each year of credited prior and current service shall be determined in accordance with
Section 21251.13 of said Retirement Law, subject .
, s sect to the reduction provided therein for
service on and after January 1, 1959, the eve date of Social Security coverage, and
June 30, 1994, g
prior to , wrmination of Social Security, for •
ty, or members whose service has
been included in Federal : social Security at 60 Full and ecxtr�ty Modified),
7. The percentage of final ccmpensation to be provided for each y ear of credited prior
and
current service as a local :►afety member shall be determined in accordance with Section
21252.41 of said Retirement Law (2% at age 50 FuII).
8. Public en elects and iI to be .
� cY subject to the following optional provisions:
a. Sections 21380 -21387 (1959 Survivor Benefits) including Section 21382.4 (Third tug
Level of 1959 Survivor Benefits).
b. Sections 21263 arid 21263.1 (Post-Retirement Survivor Allowance) for local
safety members only.
c. Section 21222.1 (Special 5% Increase - 1970). Legislation repealed said Section
effective January 1, 1980.
d. Section 21222.2 (Special 5% 1naease - 1971). Legislation repealed said Section
effective January 1, 1980.
e. Section 20024.2 (CPne.Year Final Compensation).
f. Section 20020 ( "Local Poi ice officer" shall include employees of a police
Y I�
department who were employed to perform identification or communication
duties on August 4.. 1972 and who elected to be local safety members).
9. Public Agency, in accordance with Government Code Section 20740, ceased to be an
"employer" for purposes of Section 20759 effective on March 22, 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 b y the Board
as provided in Government Code Section 20759.
10. Public Agency shall contrit
g cy use 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.
--�- • —
11. Public Agency shall also =tribute to said Retirement System as follows:
L Public Agency sha.l contribute $2.00 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 insu ance rates, for survivors of all local miscellaneous members
and local safety members.
b. A
60 reasonable amount, as fixed by the Board, payable in one installment within
days of date of contract to cover the costs of administering said $ tem as it
affects the ern to ees of System
y o Public Agency, not including the costs of special
valuations or of tl•.e periodic investigation and valuations required by law.
c. A reasonable amcunt, fixed by the Board, installment �, y ard, payable in one i as the
occasions arise, tc. cover the costs of special valuations on account of a to es
mP e
Y
of Public Agency, and costs of the periodic investigation and valuations required
Y
b law. �
12. Contributions required of Public Agency and its employees shall
8 Y �P Y 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 vaivafiou required by said Retirement Law.
13. Contributions r .
required of Public Agency and � employees shall be paid by Public
Agency to the System within Y
Y y em ithin fifteen days after the end of the period to which
said contributions refer cr as may be prescribed by Board regulation. If more or less
than the correct amount ()f contributions is paid for any period, proper adjustment shall
with Y P � ) s alI
be made in connection wth subsequent remittances. Adjustments on account of errors
e rs
in contributions required of any employee may be made by direct payments between the
and the
employee Board.
B. This amendment shall be effective on the day o f
BOARD OF ADMINISTRATION CITY U
Co NCIL
PUBLIC EMPLOYEES' MENT SYSTEM OF THE
CITY OF DOWNEY
BY BY
CHIEF, CONTRACT SERVICES DIVISION Presiding
uig
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Witness Date
Attest
Clerk
P ON-7o (AMENDMENT)
(Rev. 10192)