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Home My WebLink AboutReso 147-1989RESOLUTION NO. 147-89 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO 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 public agencies may elect to subject themselves and their employees to amendments ;o the 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 i;s intention to approve an amendment to the contract, which resolution shall contain a summary of the change proposed in the contract; and WHEREAS, the following is a statement of the proposed change: To provide credit for unused sick leave for local fire members only pursuant to Government Code Section 20862.8. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that it hereby gives notice of its intention to approve on November 8, 1989 an amendment to the contract between the City Council and the Board of Administration of the Public Employees' Retirement System. A copy of the amendment is attached and incorporated as Exhibit "A". I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 11th day of October , 1989, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Councilmembers Mark N. Addiego, Jack Drago, Richard A. Haffey, GJs Nicolopulos, and Mayor Roberta Cerri Teglia None None None RESOLUTION NO. 147-89 * * * COPY * * * EXHIBIT "A" ~1~/ O~ ~ CITY OF SO~ S~ ~CISCO 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 September 1, 1945, and witnessed September 12, 1945, and as amended effective September 1, 1949, December 1, 1953, January 1, 1960, January 1, 1963, February 1, 1967, January 1, 1968, January 1, 1969, November 1, 1973, April 19, 1974, January 21, 1977, November 11, 1977, December 19, 1980, August 23, 1985 a~d Janugry 23, 1987, which provides for participation of Public Agency in ~aid System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 11 are hereby stricken from said contract as executed effective January 23, 1987, and hereby replaced by the following paragraphs numbered 1 through 11 inclusive: A21 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 local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after September 1, 1945 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 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. Local Fire Fighters (herein referred to as local safety members); Local Police Officers (herein referred to as local safety members); Employees other than local safety members (herein referred to as local miscellaneous members). 5o * * * COPY * * * SiGN "EXHIBIT ONLY 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. PERSONS WHO ARE COMPENSATED ON AN HOURLY BASIS WHO ARE EMPLOYED JANUARY 1, 1963 OR AFTER. The fraction of final compensation to be provided for local miscel- laneous members for each year of credited prior and current service shall be determined in accordance with Section 21251.13, subject to the reduction provided therein for service on and after August 18, 1~59 for members whose service has been included in Federal Social S~curity (2% at age 60 Full and Modified). T~e fraction of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21252.01 of said Retirement Law (2% at age 50 Full). T%e 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: · e fe Sections 21380 - 21387 (1959 Survivor Benefits) excluding Section 21382.2 (Increased 1959 Survivor Benefits) and Section 21382.4 (Third Level of 1959 Survivor Benefits) for local miscellaneous members and local police members only. Section 21222.1 (Special 5% Increase - 1970). Legislation repealed said Section effective January 1, 1980. Sections 21263, 21263.1 and 21263.3 (Post-Retirement Survivor Allowance). Section 20930.3 (Military Service Credit). Statutes of 1976 for local miscellaneous members only. Section 20024.2 (One-Year Final Compensation) for local safety members only. Sections 21380 - 21387 (1959 Survivor Benefits) including Section 21382.4 (Third Level of 1959 Survivor Benefits) for local fire members only. Section 20862.8 (Credit for Unused Sick Leave) for local fire members only. COPY * * * DO S!GN "E×H]BI'I' 8o Public Agency, in accordance with Government Code Section 20740, ceased to be an "employer" for purposes of Section 20759 effective on 5ovember 11, 1977. Accumulated contributions of Public Agency shall ke 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 as follows: With respect to local miscellaneous members, the agency shall contribute the following percentages of salaries earned as members of said Retirement System: (l) 0.019 percent until June 30, 2000 on account of the liability for prior service benefits. (Subject to annual change.) (2) 7.222 percent until June 30, 2011 on account of the liability for current service benefits. (Subject to annual change.) With respect to local safety members, the agency shall contribute the following percentages of salaries earned as members of said Retirement System: (1) 0.027 percent until June 30, 2000 on account of the liability for prior service benefits. (Subject to annual change.) (2) (3) 17.421 percent until June 30, 2011 on account of the liability for current service benefits. (Subject to annual change.) 0.033 percent until June 30, 2011 on account of the liability for the 1959 Survivor Program. (Subject to annual change.) Public Agency shall contribute $2.50 per employee, per month on account of the liability for the 1959 Survivor Program provided under Section 21382.4 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for beneficiaries of all local fire members. do A reasonable 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 valuations required by law. eo 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. *** COPY *** 10. 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. 11. 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 effective on the , 19 BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT.~ CHIEF, CON~.~ SERVICES DIVISION PUBLIC~M~5~YEES' RETIREMENT SYSTEM day of CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISC Presiding Officer~ Clerk PERS-CON-7]2 (AMENDMENT) (Rev. 6/88)