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Home My WebLink About1990-08-28; City Council; Resolution 90-317I c w 0 RESOLUTION N0.90-317 RESOLUTION OF IlJTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM ANDm CITY COUNCIL OF THE CITY OF CARLSBAD 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 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 20930.3 (Military Service Credit as Public Service) and Section 20024.2 (One-Year Final Compensation) for local police 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 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 part hereof. BY CLAUDE A. LEWIS, MAYOR August 21, 1990 (Date adopted and approved) C0302 (TITLE) Ret. Form 122 w** copy *** 0 AMENDMENT TO CONTRACT BETWEEN TEE Q'B' BOARD OF ADMINISTRATION , ,~~~~~~~~ OF THE ~@Saa AWDTBE 5r-p PUBLIC EMPLOPEES' RETIREMENT SYSTEM CITY COUNCIL &is€ Do OF THE CITY OF CARLSBAD The Board of Administration, Public Employees' Retirement System, hereinafte referred to as Board, and the governing body of above public agency, hereinafter referred to as Public Agency, having entered into a contract effective January 1, 1956, and witnessed December 23, 1955, and as amended effective July 1, 1957, January I, 1959, March 5, 1959, March 18, 1975, April 1, 1975, August 18, 1977, June 21, 1980, January 1, 1981, June 21, 198 November 22, 1982 and June 26, 1989, which provides for participation of Pub Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 11 are hereby stricken from said contract as execut effective June 26, 1989, and hereby replaced 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 and age 50 for lo safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after January 1, 1956 making its employees as hexeinafter provided, members of said System subject to all provisit of the Public Employees' Retirement Law except such as apply only 0: election of a contracting agency and are not provided for herein ant to all amendments to said Law hereafter enacted except those, which 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 member b. Local Police Officers (herein referred to as local safety members ) : c. Employees other than local safety members (herein referred to i 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: NO ADDITIONAL EXCLUSIONS 5. 6. 7. L F 0 s c, 8 - Y D G z 6 0 B % 25 s 8. w** copy *** 0 The percentage of final compensation to be provided for local misce. laneous 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 servil on and after June 1, 1958, the effective date of Social Security coverage, and prior to December 31, 1980, termination of Social Security, for members whose service has been included in Federal Social Security (2% at 60 Full and Modified). The percentage of final compensation to be provided for each year o credited prior and current service as a local safety member shall b determined in accordance with Section 21252.01 of said Retirement L (2% at age 50 Full). Public Agency elected to be subject to the following optional provisions: a. Sections 21263, 21263.1 and 21263.3 (Post-Retirement Survivor Allowance). b. Section 20020 ("Local Police Officer" shall include employees police department who were employed to perform identification communication duties on August 4, 1972 and who elected to be local safety members). c. Section 20862.8 (Credit for Unused Sick Leave). d. Sections 21380-21387 (1959 Survivor Benefits) excluding Sectio 21382.2 (Increased 1959 Survivor Benefits) and Section 21382.4 (Third Level of 1959 Survivor Benefits) for local safety membe only. e. Section 20024.2 (One-Year Final Compensation). f. Section 21298 (Improved Non-Industrial Disability Allowance) f local miscellanous members only. 9. Sections 21380-21387 (1959 Survivor Benefits) including Sectio 21382.2 (Increased 1959 Survivor Benefits) for local miscellan members only. h. Section 20930.3 (Military Service Credit as Public Service), Statutes of 1976, for local police members only. Public Agency, in accordance with Government Code Section 20740, ceased to be an "employer" for purposes of Section 20759 effective August 18, 1977. Accumulated contributions of Public Agency shall fixed and determined as provided in Government Code Section 20759, accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20759. w** copy *a* * 9. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and futur service liability with respect to local miscellaneous members and local safety members of said Retirement System. 10. Public Agency shall also contribute to said Retirement System as follows : a. A reasonable amount, as fixed by the Board, payable in one in- stallment within 60 days of date of contract to cover the cost of administering said System as it affects the employees of Public Agency, not including the costs of special valuations o of the periodic investigation and valuations required by law. b. A reasonable amount, as fixed by the Board, payable in one in- stallment as the occasions arise, to cover the costs of specia valuations on account of employees of Public Agency, and costs 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 Pub1 Employees' Retirement Law, and on account of the experience under tl 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 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 th< Board . B. This amendment shall be effecti&,on the -% I ey . day 01 BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT OF THE & &M CITY COUNCIL 2% CITY OF CARLSBAD :$ 0 BY BY ;,& CHIEF, CONTRACT SER ES DIVISION Presiding Officer PUBLIC EMPLOYEES' IREMENT SYSTEM @@ .- JiF + 2- Witness Date e -> Attest: *9. .&j2 3 PERS-CON-702 (AMENDMENT) (Rev. 6/88) rz, 0 Clerk * c ..g a