HomeMy WebLinkAboutResolutions - No. 96-42RESOLUTION NO. 96-42
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 20434 (Any officers or employees of a fire
department employed to perform duties of firefighting, fire
prevention, fire training, hazardous materials, emergency medical
services or fire or arson investigation services as "Local Fire
Fighters" and Section 20965 (Credit for Unused Sick Leave) for
local miscellaneous members and local 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 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 hereof.
AYES: COUNCIL MEMBERS: Davenport, Mann,
Pennino, Sieglock,
and Warner (Mayor)
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
2 l l_%
Date ad and approved
Amendment)
CON -302 (Rev. 8/94)
Title l 131A !/C/
AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF LODI
EXHIBIT
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, April 1, 1991 and July 7, 1993 which provides for
participation of Public Agency in said System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 14 are hereby stricken from said contract as executed effective July 7,
1993, and hereby replaced by the following paragraphs numbered 1 through 14 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 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. 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. PERSONS COMPENSATED ON AN HOURLY BASIS WHO ARE HIRED
JUNE 1, 1966 OR THEREA1r1 ER; AND
b. ELECTIVE OFFICIALS.
PLEASE DO N01 oIGN "EXHIBIT ONLY"
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.
6. Benefits paid to pensioners and annuitants under the local system on the effective date of
the contract were recalculated, as authorized by Section 20481 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.
7. 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).
8. 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 of said Retirement Law (2% at age 50 Full).
9. Public Agency elected and elects to be subject to the following optional provisions:
a. Section 21536 (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 21624 and 21626 (Post -Retirement Survivor Allowance) for local
miscellaneous members only.
d. Section 21573 (Third Level of 1959 Survivor Benefits).
e. Section 21427 (Improved Non -Industrial Disability Allowance) for local
miscellaneous members only.
f. Section 20042 (One -Year Final Compensation) for local fire members only.
g. Section 20903 (Two Years Additional Service Credit) for local miscellaneous
members and local fire members only.
h. Section 20434 ("Local Fire Fighter" shall include any officer or employee of a
fire department employed to perform firefighting, fire prevention, fire training,
hazardous materials, emergency medical services, or fire or arson investigation
services as described in Government Code Section 20434).
i. Section 20965 (Credit for Unused Sick Leave).
10. Public Agency, in accordance with Government Code Section 20790, ceased to be an
employer" for purposes of Section 20834 effective on July 1, 1977. 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.
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 $2.00 per member, per month on account of the
liability for 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.
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 be effective on the
BO
PU
OF ADMINISTRATION
EMPLOYEES' RETIREMENT SYSTEM
JF
o
BY n
DIVISION CHIS
ACTUARIAL &
PUBLIC EMPLO'
AMENDMENT
PERS-CON-702A (Rev. 1/96)
PLOYER SERVICES DIVISION
S.' RETIREMENT SYSTEM
tC1:
0
day ofd, , 19
CITY COUNC
OF THE 0
CITY OF LODI 10
BY 1-k4
vPresidingOfficer
Witness Date
Attest:
Clerk
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Actuarial and Employer Services Division
Public Agency Contract Services
P.O. Box 942709
Sacramento, CA 94229-2709
916) 326-3420
CERTIFICATION OF GOVERNING BODY'S ACTION
I hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the
CITY COUNCIL ofthe
governing body)
CITY OF LODI. CALIFORNIA
public agency)
on MAY 1. 1996
date)
CleidecretarVJennifer M. Perrin
Title
PERS-CON-12 (rev. 1/96)
CITY CLERK
CALIFORNIA PUBLIC; EMPLOYEES' RETIREMENT SYSTEM
Actuarial and Employer Services Division
Public Agency Contract Services
P.O. Box 942709
Sacramento, CA 94229-2709
916) 326-3420
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 of the CITY COUNCIL
governing body)
ofthe CITY OF LODI, CALIFORNIA
public agency)
on MAY 1, 1996 which is at least two weeks prior to the adoption of the
date)
Resolution/Ordinance.
Ak
Cler ecretary Jennifer M. Perrin
CITY CLERK
Title
Date Hay 1, 1996
PERS-CON-12A (rev. 1/96)