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Home My WebLink AboutCC RES 91-053RESOLUTION N0. 91-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT. CALIFORNIA, APPROVING AN AMENDMENT TO THE CONTRACT BETMEEN THE 80ARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM ANU THE CITY COUNCIL. 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 empioyees to amendments to said Law; and NHEREAS, one of the steps in the procedure 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 Fo I 1 owi ng i s a statement of the proposed change: To provide Section 20492.1 (Removal of Contract Exclusions, P►-ospectively�Only) for "Crossing Guards" and "Administrative Interns" a�d Section Z0365 (Optional Membership for Part-7ime Employees) for local miscellaneous members. NOIi, THEREFORE, BE IT RESOLVED that the govern i ng body of the above agency d�es 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 pa�t he�eof. PASSED. APPROVED and ADOPTED at a regular meeting of Pa1m Desert City Council held on this 9th day of :`1�.v . 1991, by the following vote, to wit: AYES: RPnso�, NOES: None ABSENT: �'one ABSTA[N: 'v�nP CritPs, I�elly, j•Jilson, Snyder �'�.��' �� ti/ MALTER H. SNYDER, MAYOR ATTEST: '—��, " j � - „�y � ,�f' ,.�f�, /�`� . ��/�'`j �.. .� SHEILA R. GILLIGAK ! CITY CLERK * * * C O P Y * * * �� `�� `��C�C� �O� ��0 �PS � �� O�` AM�Dl��IT To CO%rrRAG�r BS'PfiB�i 'P� BO�ARD OF ADMINISTRATION OF TSB PQBLIC ffi�IPLOYSBS' R$TIRffi�I'P SYSTffi�! AND T� CITY COQNCIL OF TSB CZTY OF PALt�I BESffitT 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 October 26, 1974, and witnessed October 3, 1974, and as amended effective February 7, 1981 and July 29, 1989, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 11 are hereby stricken from said contract as executed effective July 29, 1989� and hereby ceplaced by the following paragraphs numbered 1 through 12 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 anly 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 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 local misce�laneous members). 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become membe=s of said Retirement System: a. AI.I. Sr►FSTY ffi+II'LOYF�S : AND b. ALL �[PLOYBBS I�GB 65 OR OLDffit ON COlrPRACT DPiTS. ' t* C O P Y *** 5. Prior to Januar 1, 1975, those members who were hired by Public Agency on a tec �rary and/or seasonal basis not to exceed 6 months were excluded from PERS membership by contract. Government Code Section 20336 supersedes this contract provision by providing that any such temporary and/or seasonal employees are excluded from PERS membership subsequent to January 1, 1975. �. � 0 � � � � 7. �;l �� :� �� The percentage 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 (28 at age 60 Full). Public Agency elected to be subject to the following optional provisions: a. b. c. d. e. f. 9• h. Sections 21263 and 21263.1 (Post-Retirement Survivor Allowance). Sections 21380 - 21387 (1959 Survivor Benefits) including Section 21382.2 (Increased 1959 Survivor Benefits). Section 20862.8 (Unused Sick Leave Credit). Sections 21022/21022.1 (Industrial Disability Retirement For Local Miscellaneous Members). Section 21298 (Improved Non-Industrial Disability Allowance). Section 20024.2 (One-Year Final Compensation). Section 20492.1 (To Remove the Exclusions of "Grossing Guards" and "Administrative Interns" Prospectively from the effective date of this amendment to contract). Section 20365 (Optional Membership for Part-Time Employees). 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, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20759. 9. 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 of said Retirement System. 10. Public Agency shall also contribute to said Retirement System as follows: a. A reasc e amount, as fixed by the Board, payable in one in- stallme .ithin 60 days of date of contract to cover the costs of admi._stering 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 O P Y * � * b. A reasonable amount, as fixed by the Board, payable in one in- stallment as the occasions arise, to cover the costs of speciai valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 11. 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. 12. 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 Iess 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 , 19 BOARD OF ADMINISTRATION � PUBLIC EMPLOYEES' RETIREMENTSf'�� BY �� CHIEF, CONTRACT S ICES DIVISION PUBLIC EMPLOYEF,��RETIREMENT SYSTEM �J �t7�. Q" day of CITY COUNCZL OF THE CITY OF PALM DESERT .� �� BY _p�� Presiding Officer �� Witness Date `� �'?� Clerk Q �� Attest: O � PERS-CON-702 (AMENDMENT) (Rev. 3/91)