HomeMy WebLinkAboutCC RES 80-149RESOLUTION N0. 80-149
A RESOLUTION OF THE CITY COUNCIL OF THE CTTY
OF PALM DESERT, CALIFORNIA, GIVING NOTICE OF
ITS INTENTION TO APPROVE AN AMENDMENT TO CON-
TRACT BETWEEN THE BOARD OF ADMINISTRATION OF
THE PUBLIC EP�IPLOYEES' RETIREMENT SYSTEM AND
THE CITY COUNCIL OF THE CITY OF PALM DESERT.
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 legislative body of the public agency
of a resolution giving notice of its intention to approve an amend-
ment to said contra�t, which resolution shall contain a summary of
the change proposed in said contract; and
change:
WHEREAS, the following is a statement of the proposed
To remove exclusion of temporary andlor seasonal employees. This
exclusion is superseded by Section 20336 of the Government Code,
and to provide Section 20862.8 (Unused Sick Leave Credit), Section
20983.6 (Waiver of Age 70 Retirement), Section 21022.1 (Industrial
Disability Retirement), Section 21298 (Increased Non-Industrial
Disability Allowance), and SecCion 21390 (Increased 1959 Survivor
Benefit) for local miscellaneous members.
NO[J, THEREFORE, BE IT RESOLVED that the City Council of
the City of Palm Desert, California gives, and it 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 an "Exhibit" and by this reference made a part hereof.
PASSED, APPROVED AND ADOPTED this �8th day of December ,
1980, by the following vote, to wit:
AYE S: Newbrander, Puluqi, Snyder & McPherson
NOES : None
- ATTEST:
ABSENT : Wi 1 son
ABSTAIN : None
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, �� �
HEILA R. IGAN, C CLERK
CITY OF PALM DESERT, ALIFORNIA
RESOLUTION N0. 80=r49
Exhibit "A"
EXHIBIT A
AP�NDP�'IENT TO THE CONTRACT BETWEEN THE BOARD OF
ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE CITY COUNCIL OF THE CITY OF PALM DESERT.
� .,
The Board of Administration, Public Employees' Retirement System,
hereinafter referred to as Board, and the governing body of al�ove
public agency, hereinafter reterred to as Public Agency, having
entered into a contract under date of October 3, 1974, effective
October 26, 1974, which provides for participation of Public
Agency in said System, Board and Public Agency hereby agree as
follows:-.
A. Paragraphs 1 through 8 are hereby stricken from said contract
as executed effective October 26, 1974, and hereby replaced
by the�following paragraphs numbered 1 through 10 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 specificall.y provided.
"Normal retirement age" shall mean age 60 for local miscell-
aneous members.
2. Public Agency shall participate in the Public Employees'
Retirement System from and after October 26, 1974 making
its employees as hereafter 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
such as by express provisions thereof apply only on the
election of contracting agencies.
`_
3. Employees of Public Agency in the followin� classes shall
become members of said Retirement System excepC such in
each class as are excluded by law or this agreement:
a. Employees other than local safety members (herein
referred to as local miscellaneous members).
In addiCion to the
membership by said
of employees shall
System:
classes of employees excluded from
Retirement Law, the following classes
not become members of said Retirement
LOCAL FIREMEN AND POLICEi�N;
ALL EMPLOYEES AGE 65 OR OLDER ON CONTRACT DATE;
CROSSING GUARDS;
ADMINISTRATIVE INTERNS.
�
4. Prior to January 1, 1975, those members who were hired by
Public Agency on a temporary and/or seasonal basis not to
exceed 6 months were excluded from PERS membership by Con-
tract. Government Code Section 20336 supersedes this con-
tract provision by providing that any such temporary and/or
seasonal employees are excluded from PERS membership subse-
quent to January 1, 1975.
S. The fraction 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 (2'/, at age 60).
RESOLUTION NO 30-149
Exhibit "A"
6. The following additional provisions of the Public
Employees' Retirement Law which apply only upon
election of a conrracting agency shall apply to the
Public Agency and its employees:
a.
b.
c.
d.
e.
f.
g•
7: Public Agency, in accordance with Section 20740, Govern-
ment Code, shall cease to be an "employer" for purposes
of Chapter 6 of the Public Employees' Retirement Law
effective as of the effective date of this Amendr.tent to
contract. Accumulated contributions of Public Agency as
of the date of such amendment shall be fixed and determined
as provided in Section 20759, Government Code, and such
accumulated contributions and contributions hereafter
made shall be held by the Board as provided in Section
20759, Governmen� Code.
�
8. Public Agency shall contribute to said Retirement System
as follows:
a. With respect to miscellaneous members, the Agency
shall contribute the following percentages of monthly
salaries earned as miscellaneous members of said
Retirement System:
(1)
Sections 21263J21263.1 (Post-retirement survivor
allowance).
Sections 21380 - 21388 (1959 Survivors Program).
Section 20862.3 (Unused sick leave credit}:
Section 20983.6 (Waiver of age 70 retirement) for
local miscellaneous members only.
5ection 21022.I (Industrial disability retirement)
for local miscellaneous members only,
Section 21298 (Increased non-industrial disability
allowance).
Section 21390 (Increased 1959 Survivors benefits).
t2)
(3)
0.429 percent until June 30, 2005 on account of
the liability for prior service benefits.
13.001 percent on account of the liability for
current service benefits.
0.360 percent on account of the liability for
the 1959 Survivar Program.
b. A reasonable amount per annum, as fixed by the Board
to cover the cost of administering said System as it
affects the employees of Public Agency, not including
the cost 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 occassions 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.
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RESOLUTION N0. ,v�-149
Exhibit "A"
9. 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.
,
10. Contributions required by Public Agency and its employees
shall be paid by Public Agency to the Retirement System
within thirty days after the end of the period to which
said contributions refer or as may be prescribed by Board
regulation. If more or less of the correct amount of
contributuions is paid ior any period, pr.oper adjustment
shall be made in connection with subsequent remittances, or
adjustments on account of errors in contributions required
of any employee may be made by direct cash payments between
the employee and the Board. Payments by Public Agency to
Board may be made in the form of warrants, bank checks,
bank drafts, certified checks, money orders or cash.
B. This amendment shall be attached to said contract and shall be
effective on the day of , 1981.
Witness our hands the day o£ , 1981.
BOARD OF ADMINISTRATION CITY COUNCIL OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF PALM DESERT
/
BY BY
Carl J. Blechinger, Executive Officer o ilson, Ma or
��
Approved as to form:
Attest:
Cynthia J. Besemer, Legal Of ice, Date heila , illiga �City Cler�
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