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HomeMy WebLinkAboutCC RES 09-16RESOLUTION NO. 09-16 A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF PALM DESERT WHEREAS, the Public Employees' Retirement Law permits the participation of pubic 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 20903 (Two Years Additional Service Credit) for local miscellaneous 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. PASSED, APPROVED, and ADOPTED by the City Council of the City of Palm Desert, California, on this 26th day of March, 2009, by the following vote, to wit: AYES: BENSON, FERGUSON, FINERTY, KELLY, and SPIEGEL NOES: NONE ABSENT: NONE ABSTAIN: NONE ROBERT A. SPE Gl , MAIM CITY OF PALM DESERT, CALIFORNIA ATTEST: CHELLE D. KLASSEN, CITY CLER CITY OF PALM DESERT, CALIFORNIA [This page has intentionally been left blank.] RESOLUTION NO. 09-16 A4A4IA_ Ca1PERS California Public Employees' Retirement System 4810. m u u lnl m illmb.mumd ml um.. 4.doimumimI X EXHIBIT "A" EXHIBIT AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of Palm Desert liiui im,, ,I, uu,, it ii0 ill, i . 111 u The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the 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, July 29, 1989, June 14, 1991, June 30, 1996 and September 7, 2002 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective September 7, 2002, and hereby replaced by the following paragraphs numbered 1 through 13 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 55 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 amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. .RESOLUTION NO. 09-16 EXHIBIT "A" PLEASE DO NOT SIGN "EXHIBIT ONLY" 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 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; AND b. ALL EMPLOYEES AGE 65 OR OLDER ON CONTRACT DATE. 5. 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 contract. Government Code Section 20336 superseded this contract provision by providing that any such temporary and/or seasonal employees are excluded from PERS membership subsequent to January 1, 1975. Legislation repealed and replaced said Section with Government Code Section 20305 effective July 1, 1994. 6. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment before and not on or after September 7, 2002 shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment on or after September 7, 2002 shall be determined in accordance with Section 21354.5 of said Retirement Law (2.7% at age 55 Full). 8. Public Agency elected and elects to be subject to the following optional provisions: a. Sections 21624 and 21626 (Post -Retirement Survivor Allowance). b. Section 21572 (Increased Level of 1959 Survivor Benefits). c. Section 20965 (Credit for Unused Sick Leave). RESOLUTION NO. 09-16 EXHIBIT "A" d. Section 21151 (Industrial Disability Retirement For Local Miscellaneous Members). e. Section 21427 (Improved Nonindustrial Disability Allowance). f. Section 20042 (One -Year Final Compensation). g. Section 20503 (To Remove the Exclusions of "Crossing Guards" and "Administrative Interns", Prospectively from June 14, 1991). h. Section 20325 (Optional Membership for Part -Time Employees). i. Section 20903 (Two Years Additional Service Credit). 9. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on February 7, 1981. 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. 10. 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. 11. Public Agency shall also contribute to said Retirement System as follows: a. 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. b. 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. 12. 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. RESOLUTION NO. 09-16 EXHIBIT "A" 13. 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 effected: on the BOARD OF ADMINISTRATION. PUBLIC EMPLOYEES' RETA'EJItNT SYSTEM BY LORI MCGA EMPLOY PUBLI 6 ()D, CHIEF VICES DIVISION LOYEES' RETIREMENT SYSTEM AMENDMENT ER# 1018 PERS-CON-702A (Rev. 10\05) day of CITY COUNCIL CITY OF PALM DESERT BY PRESIDING OFFICER Witness Date Attest: .�G wrk RESOLUTION NO. 09-16 EXHIBIT "A" RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL 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 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 20903 (Two Years Additional Service Credit) for local miscellaneous 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. By: Date adopted and approved Presiding Officer Title (Amendment) CON-302 (Rev. 4/96) RESOLUTION NO. 09-16 EXHIBIT "A" PLEASE D0 NOT SIGN "EXHI..,=:a� 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 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; AND b. ALL EMPLOYEES AGE 65 OR OLDER ON CONTRACT DATE. 5. 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 contract. Government Code Section 20336 superseded this contract provision by providing that any such temporary and/or seasonal employees are excluded from PERS membership subsequent to January 1, 1975. Legislation repealed and replaced said Section with Government Code Section 20305 effective July 1, 1994. 6. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment before and not on or after September 7, 2002 shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment on or after September 7, 2002 shall be determined in accordance with Section 21354.5 of said Retirement Law (2.7% at age 55 Full). 8. Public Agency elected and elects to be subject to the following optional provisions: a. Sections 21624 and 21626 (Post -Retirement Survivor Allowance). b. Section 21572 (Increased Level of 1959 Survivor Benefits). c. Section 20965 (Credit for Unused Sick Leave).