HomeMy WebLinkAbout1993-09-14; City Council; Resolution 93-261m e
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RESOLUTION NO. 93-261
RESOLUTION OF INTENTION
TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
ANDTHE
CITY COUNCIL
OF THE
CITY OF CARLSBAD
WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies an1
their employees in the Public Employees' Retirement System by the execution of a contr
and sets forth the procedure by which said public agencies may elect to subject themse
and their employees to amendments to said,kaw; 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 appl
an amendment to said contract, which resolution shall contain a summary of the ch2
proposed in said contract; and
WHEREAS, the following is a statement of the proposed change:
To exclude "Senior Instructor/Lifeguard" hired after the effective
date of the amendment to contract.
NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency does here1
give notice of intention to approve an amendment to the contract between the said gover
body and the Board of Administration of the Public Employees'
of said amendment being attached
hereof.
BY
Mayor
(TITLE)
September 14, 1993
(Date adopted and approved) Ret. Form 122
C0302 (AMENDMENT) (Rev. 6/91)
9tEASE 00 NU 9 SIC 2ij "€X,HIE\T ONLY c 0
COPY
AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF CARLSBAD
The Board of Administration, Public Employees' Retirement System, hereinafter referred to as B
and the governing body of above public agency, hereinafter referred to as Public Agency, having er
into a contract effective January 1, 1956, and witnessed December 23, 1955, and as amended eff
July 1, 1957, January 1, 1959, March 5, 1959, March 18, 1975, April 1, 1975, August 18, 1977,
21, 1980, January 1, 1981, June 21, 1982, November 22, 1982, June 26, 1989, November 16,
and July 3, 1992, which provides for participation of Public Agency in said System, Board and 1
Agency hereby agree as follows:
A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective Ju
1992, 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' Retire
Law shall have the meaning as defined therein unless otherwise specifically prov
"Normal retirement age" shall mean age 60 for local miscellaneous members and ai
for local safety members.
2. Public Agency shall participate in the Public Employees' Retirement System fron
after January 1, 1956 making its employees as hereinafter provided, members of
System subject to all provisions of the Public Employees' Retirement Law except
as apply only on election of a contracting agency and are not provided for herein a1
all amendments to said Law hereafter enacted except those, which by express provi
thereof, apply only on the election of a contracting agency.
3. Employees of Public Agency in the following classes shall become members of
Retirement System except such in each such class as are excluded by law or
agreement:
a. Local Fire Fighters (herein referred to as local safety members);
b. Local Police Officers ficAi2: referre:' ;Is local safety members).
C. Employees other than local safety members (herein referred to as ;
miscellaneous members).
4. In addition to the classes of employees excluded from membership by said Retire]
Law, the following classes of employees shall not become members of said Retire]
System:
a. SENIOR INSTRUCTOR/LIFEGUARD HIRED AmER THE
EFFECTIVE DATE OF THE AMENDMENT TO CONTRACT.
a RiiASE DO b4,OT SIGN "&lT dWL? 4
5. The percentage of final compensation to be provided for local miscellaneous memb
each year of credited prior and current service shall be determined in accordanc
service on and after June 1, 1958, the effective date of Social Security coverag
prior to December 31, 1980, termination of Social Security, for members whose :
has been included in Federal Social Security (2% at 60 Full and Modified).
Section 21251.13 of said Retirement Law, subject to the reduction provided her
6. The percentage of final compensation to be provided for each year of credited pri
current service as a 1ocal.safety member shall be determined in accordance with S
21252.01 of said Retirement Law (2% at age 50 Full).
7. Public Agency elected to be subject to the following optional provisions:
a. Sections 21263, 21263.1 and 21263.3 (Post-Retirement Survivor Allowar
b. Section 20020 ("Local Police Officer" shall include employees of a
department who were employed to perform identification or commun'
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 Section 21
(Increased 1959 Survivor Benefits) and Section 21382.4 (Third Level of
Survivor Benefits) for local safety members only.
e. Section 20024.2 (One-Year Final Compensation).
f. Section 21298 (Improved Non-Industrial Disability Allowance) for
miscellaneous members only.
g. Sections 21380-21387 (1959 Survivor Benefits) including Section 21
(Increased 1959 Survivor Benefits) for local miscellaneous members only
h. Section 20930.3 (Military Service Credit as Public Service), Statutes of 1
8. Public Agency, in accordance with Government Code Section 20740, ceased to
"employer" for purposes of Section 20759 effective ,on August 18, 1977. Accum
contributions of Public Agency shall be fixed and determined as provided in Gover
Code Section 20759, and accumulated contributions thereafter shall be held by the
as provided in Government Code Section 20759.
9. Public Agency shall contribute to said Retirement System the contributions deter
by actuarial valuations of prior and future service liability with respect to
miscellaneous members and local safer) 1,Iembers 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 installment 1
60 days of date of contract to cover the costs of administering said Systen
affects the employees of Public Agency, not including the costs of s
valuations or of the periodic investigation and valuations required by law.
0 0
1
b. A reasonable amount, as fixed by the Board, payable in one installment a
occasions arise, to cover the costs of special valuations on account of emplc
of Public Agency, and costs of the periodic investigation and valuations reql
by law.
11. Contributions required of Public Agency and its employees shall be subject to adjust
by Board on account of amendments to the Public Employees' Retirement Law, ar
account of the experience under the Retirement System as determined by the per
investigation and valuation required by said Retirement Law.
12. Contributions required of Public Agency and its employees shall be paid by P
Agency to the Retirement System within fifteen days after the end of the period to v
said contributions refer or as may be prescribed by Board regulation. If more 01
than the correct amount of contributions is paid for any period, proper adjustment
be made in connection with subsequent remittances. Adjustments on account of e
in contributions required of any employee may be made by direct payments betwee!
employee and the Board.
B. This amendment shall be effective on the day of 9 19-
BOARD OF ON
PUBLIC EM REMENT SYSTEM
BY *9., BY os TA
CHIEF, CONTRACT SERP~~S DIVISION Presiding OM
PUBLIC EMPLOYEES' RETI&,MENT SYSTEM Ir, Q % + +z$ + Witness Date 6 %. a& $= % Attest : 0 %
PERS-CON-702 (AMENDMENT)
(Rev. 10/92)
Clerk