HomeMy WebLinkAboutResolutions - No. 93-65RESOLUTION NO. 93-65
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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 LODI
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 20818 (Two -Years Additional Service Credit)
for local miscellaneous members and local fire safety 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.
Dated: May 19, 1993
I hereby certify that Resolution No. 93-65 was passed and adopted
by the Lodi City Council in a regular meeting held May 19, 1993 by the
following vote:
Ayes: Council Members - Davenport, Mann, Sieglock, Snider,
and Pennino (Mayor)
Noes: Council Members - None
Absent: Council Members - None
Jennifer M. Perrin
City Clerk
93-65
RES9365/TXTA.02J
AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF LODI
COPY
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 June 1, 1966, and witnessed April 27, 1966, and as amended effective July 6, 1966,
May 1, 1970, July 1, 1973, July 1, 1977 and April 1, 1991, 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 April 1, 1991,
and hereby replaced by the following paragraphs numbered 1 through 14 inclusive:
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
June 1, 1966 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. Employers 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);
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. PERSONS COMPENSATED ON AN HOURLY BASIS WHO
ARE HIRED JUNE 1, 1966 OR THEREAFTER; AND
b. ELECTIVE OFFICIALS.
5. Assets heretofore accumulated with respect to members in the local retirement system have
been transferred to the Public Employees' Retirement System and applied against the liability
for prior service incurred thereunder. That portion of the assets so transferred which represent
the accumulated contributions (plus interest thereof) required of the employees under said local
system has been credited to the individual membership account of each such employee under
the Public Employees' Retirement System.
ObSA 4" . N6t SIGN "E(NIN ONLY"
6. Benefits paid to pensioners and annuitants under the local system on the effective date of the
contract were recalculated, as authorized by Section 20520 of the Government Code, to
conform with benefits applicable to persons retiring after the effective date of the contract
except that no benefit which would have been payable under the continuation of the local
system shall be reduced.
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
21251.13 of said Retirement Law, subject to the reduction provided therein for service prior
to June 30, 1977, termination of Social Security, for members whose service has been included
in Federal Social Security (2% at age 60 Full and Modified).
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
21252.01 of said Retirement Law (2% at age 50 Full).
Public Agency elected to be subject to the following optional provisions:
a. Section 21361.5 (Local System Service Credit Included in Basic Death Benefit).
b. Section 21222.1 (Special 5% Increase - 1970). Legislation repealed said Section
effective January 1, 1980.
C. Sections 21263 and 21263.1 (Post -Retirement Survivor Allowance) for local
miscellaneous members only.
d. Sections 21380-21387 (1959 Survivor Benefits) including Section 21382.4 (Third Level
of 1959 Survivor Benefits) for local safety members.
e. Sections 21380-21387 (1959 Survivor Benefits) including Section 21382.2 (Increased
1959 Survivor Benefits) and Section 21382.4 (Third Level of 1959 Survivor Benefits)
for local miscellaneous members.
f. Section 21298 (Improved Non -Industrial Disability Allowance) for local miscellaneous
members only.
Section 20024.2 (One -Year Final Compensation) for local fire members only.
h. Section 20818 (Two -Years Additional Service Credit).
10. Public Agency, in accordance with Government Code Section 20740, ceased to be an
"employer" for purposes of Section 20759 effective on July 1, 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.
11. 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.
12. Public Agency shall also contribute to said Retirement System as follows:
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 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.
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.
13. 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.
14. 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 b6 effective on the day of
,19
BOARD OF ADMINISTRATIO CITY COUNCIL.
PUBLIC EMPLOYEES' RETI ENT SYSTEM OF THE
CITY OF LODI 0
0
BY C BY
CHIEF, CONTRACZIERVICES DIVISION Presiding Offtier
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Witness Date
qV
Attest:
h
Clerk
PERS-CON-702 (AMENDMENT)
(Rev. 1/92)