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Home My WebLink AboutCC RES 89-044RESOLUTION N0. 89-44 A RESOLUTION OF INTENTION OF THE C[TY COUNCIL OF TNE CITY OF PALM DESERT, CALIFORNIA TO APPROVE AN AMENDMENT TO CONTRACT BETMEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEE'S RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF PALM DESERT TO PROVIDE ONE-YEAR FINAL COMPENSATION FORMULA FOR EMPLOYEES. MHEREAS, The Public Employees' Retirement LaW permits the participation of public agencies and their employees in the Public Employees' Retirement System by the executlon 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 MHEREAS, one of the steps in the procedure to amend this contract t s the adopt i on by the govern i ng body of the pub 1 i c agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shail contain a summary of the change proposed in said contract; and NHEREAS, the following is a statement of the proposed changes: To provide Section 20024.2 (One-Year Final Compensation) for local miscellaneous. NOiI, THEREFORE, BE I T RESOLVED that the C i ty Counc i 1 of the C i ty of Palm Desert, Cal ifornia does hereby give notice of inte�tion to approve an amendment to the contract between the CSty of Palm Desert� and the 8oard of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by reference made a part hereof. PASSED, APPROVED, and ADOPTED by the City Councii of the City of Pa 1 m Desert , Ca 1 i forn i a, on th i s 27th day of_��ril , l 989 by the following vote: AYESt CRITES, KELLY, SNYDER, WILSON NOES : NONE ABSENT: BENSON A6STA 1 N : NONE A EST: � __. SHEILA R. LIGAN, ITY CLERK CITY OF PALM DESERT, CALIFORNIA * * * C O P Y * * ,,,r�: .� •J•,� �E �>� �� , �� !�.. �- AMENDMENT TO CONTRACT �`N' BETWEEN THE ^�� 1��' BOARD OF ADMINiSTRATION ��`�� -�� OF THE ..F;_,-••.• PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CZTY COUNCIL OF THE CITY OF PALM DESERT The Board of Administration, Public Employees' Retirement System, hereinafter referred to as 8oard, and the governing body of above Public agency, hereinafter referred to as Public Agency, having entered into a contract effective October 26, 1974, and witnessed October 3, i974, and as amended effective February 7, 1981, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 10 are hereby stricken from said contract as executed effective February 7, 1981, and hereby replaced by the following paragraphs numbered 1 through 11 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. 2. Public Agency shall participate in the Public Employees' Retirement System from and after October 26, 1974 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 amenaments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contract- ing 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. Employees other than local safety members (herein referred to as l.ocal 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. ALL SAFETY EMPLOYEES; b. ALL EMPLOYEES AGE 65 OR OLDER ON CONTRACT DATE; c. CROSSING GUARDS; AND d. ADMINISTRATIVE INTERNS. * * * C O P Y * * 5. Prior to January 1, 1975, chose members who were hired by Public Agency on a temporary and/or seasonal basis not to exceed 6�onths were excluded from PERS membership by contract. Government Code Section 20336 supersedes this contract provision by providing that an such temporary and/or seasonal employees are excluded from PERS membership subsequent to January 1, 1975. 6. The fraction of final compensation to be provided for each year of credited pr?or and current service as a 1oca1 miscellaneous member shall be determined in accordance with Section 21251.13 of said Retirement Law (28 at age 60 Fuil). 7. The following additional provisions of the Public Employees' Retirement Law, which apply only upon election of a contracting agency, shall apply to the Public Agency and its employees: a. Sections 21263 and 21263.1 (Post-Retirement Survivor Allowance). b. Sections 21380 - 21387 (1959 Survivor Benefits) including Section 21382.2 (Increased 1959 Survivor Benefits). c. Section 20862.8 (Unused Sick Leave Credit). d. Sections 2I022/21022.1 (Industrial Disability Retirement) for local miscellaneous members. e. Section 21298 (Increased Non-Industrial Disability Allowance). f. Section 2002�.2 (One-Year Final Compensation). 8. Public Agency, in accordance with Government Code Section 20740, ceased to be an "employer" For purposes of Section 20759 effective on February 7, 1981. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20759, anc � accumuiated contributions thereaPter shall be held by the Board as provided in Government Code Section 20759. ' 9. Public Agency shall cont=ibute to said Retirement System as follows: a. With respect to local miscellaneous members, the agency shall contribute the Eollowing percentages of salaries earned as members of said Retirement System: (1) 8.�07 percent until June 30, 2000 on account of the liability for current service benefits. (Subject to annual chanqe.) Ct : � .. � � ~ .�: � 1� ! �`, .. , . .. . �`� .j; .. � '�;,l�;tJ'f ON�,/11 * * * C O P Y * * * b. A reasor.able amount, as fixed by the Board, payable in one in- stallment 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 valuatioas required by law. c. A reasonable amount, as fixed by the Board, payable in one in- stallment 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. 10. Contributions required of Public Aqency and its employees shall be subject to adjustment by Hoard on account of amendments to the Public Employees' Retirement Law, and on account of the exQerience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 11. Contributions required of Public Aqency 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 Hoard 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 contrihutions required of any employee may be made by direct payments between the employee and the Board. B. This amendment sha11 be eff,`e�tive on the day of ,� , 19 BOARD OF ADMINISTRATZON �� PIIBLZC EMPLOYEES' AETIR� SYSTEM :''`` . ,r BY '� �;� ASSISTANT E IVE �JFFICER �� Q CZTY COUNCIL OF THE CITY OF PALM DESERT ��, � '4 BY ,�,�� Presiding Officer�� 1 � \j � Witness Dat�J� .c Attest : .av o' ti� � � L iC PERS-CON-702 (AMENDMENT) (Rev. 6/88)