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Home My WebLink AboutResolution No. 6361 RESOLUTION NO. 6361 RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL CITY OF DOWNEY 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 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 21362.2 (3% @50 Full formula) for local safety members. THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY 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 said public agency 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 thereof. SECTION 2. The City Clerk shall certify to the adoption of this Resolution and provide for the distribution thereof. APPROVED AND ADOPTED THIS 9th day of May , 2000. i /i E I TH MC CARTH Y , Mayor ATTEST: Ai gg J DITH E . MC DONNELL, City Clerk I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Downey at a regular meeting thereof held on the 9th day of May ,2000 by the following vote, to wit: AYES: 4 Council Members: Winningham, Lawrence, Perkins, McCarthy NOES: 0 Council Members None ABSENT: 1 Council Members McCaughan JUDI E. MC DONNELL,City RESOLUT ON NO. 6361 EXHIBIT R Ca1PERS '�� '.A 1 . i t t th California PERSONNEL Public Employees' Retirement System 441 10' AMENDMENT T O C O NT ACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of Downey ' * ! 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 February 1, 1958, and witnessed February 3, 1958, and as amended effective May 1, 1959, March 1, 1964, January 1, 1965, January 1, 1966, July 1, 1970, January 3, 1971, January 1, 1974, January 1, 1975, March 22, 1976, January 1, 1977, August 1, 1983, July 15, 1994, January 13, 1995 and June 30, 1997 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 13 are hereby stricken from said contract as executed effective June 30, 1997, and hereby replaced by the following paragraphs numbered 1 through 13 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. 2. Public Agency shall 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 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. RESOLUTION NO. 6361 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 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 HIRED ON OR AFTER MAY 1, 1959; AND b. TEMPORARY EMPLOYEES HIRED ON OR AFTER MAY 1, 1959. 5. Public Agency and the Downey Recreation and Park District have agreed to a merger of their contracts, and this contract shall be a continuation of the benefits of the contract of the Downey Recreation and Park District, pursuant to Section 20567.6 of the Government Code. Such merger is effective as of July 1, 1966. Public Agency, by this contract, assumes the assets and liabilities accumulated under the former contract of the Downey Recreation and Park District, in the ratio of the District's payroll assumed by Public Agency to the last total District payroll. Legislation repealed said Section effective January 1, 1988. 6. The percentage of final compensation to be provided for local miscellaneous members for each year of credited prior and current service shall be determined in accordance with Section 21354 of said Retirement Law, subject to the reduction provided therein for service on and after January 1, 1959, the effective date of Social Security coverage, and prior to June 30, 1994, termination of Social Security, for members whose service has been included in Federal Social Security (2% at age 55 Full and Modified). 7. 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). The required member contribution rate is 9% of reportable compensation. 8. Public Agency elected and elects to be subject to the following optional provisions: a. Section 21573 (Third Level of 1959 Survivor Benefits). RESOLUTION NO. 6361 b. Sections 21624 and 21626 (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% Increase - 1971). Legislation repealed said Section effective January 1, 1980. e. Section 20042 (One -Year Final Compensation). f. 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 January 1, 1977). Legislation repealed said Section effective January 1, 1985. g. Section 21024 (Military Service Credit as Public Service), Statutes of 1976. 9. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on March 22, 1976. 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. 10. 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 0-4 Retirement System. 11. 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 21573 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. RESOLUTION NO. 6361 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. 12. 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. 13. 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 24th day of July , 2000 . BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF DOWNEY BY .. h BY KEN 7 W. MARZI • N, CHIEF / PR' SIDING OFFICER if ACTUA AL & EMPLOYER SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM es !' ate ' Attest: / // f AMENDMENT PERS- CON -702A (Rev. 8\96) {