Loading...
HomeMy WebLinkAboutReso 191-1986RESOLUTION NO. 191-86 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA RESOLUTION APPROVING AN AMENDMENT TO THE CONTRACT BETWEEN THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF SOUTH SAN FRANCISCO TO PROVIDE THIRD LEVEL OF 1959 SURVIVOR BENEFIT FOR FIREFIGHTERS 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 the public agencies may elect to take advantage to the Law; and WHEREAS, the City of South San Francisco proposes to provide Section 21382.4 (Third Level of 1959 Survivor Benefit) for Fire- fighters only as a change to its current contract; and WHEREAS, on October 29, 1986, the City Council adopted a Resolution of Intention to make such a change; NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of South San Francisco that an amendment to the contract between the City Council of the City of South San Francisco and the Board of Administration of the California Public Employees' Retirement System is hereby authorized, and that a copy of said Amendment, marked Exhibit "A" is attached and incorporated. BE IT FURTHER RESOLVED that the City Manager is authorized for and on behalf of the City to execute said amendment. 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 requ]ar meeting held on the 10th day of December , 1986, by the following vote: AYES: Councilmembers John "Jack" Drago, Richard A. Haffey, Gus Nicolopulos and Mark N. Addiego NOES: None ABSENT: Counci]member R0berta Cerri leg]ia EXHIBIT A TO RESOLUTION NO. 191-86 AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO The Board of Administration, Public Employees' Retirement System, herein- after 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 and August 23, 1985, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: Paragraphs 1 through 10 are hereby stricken from said contract as executed effective August 23, 1985, and hereby replaced by the following paragraphs numbered 1 through 11 inclusive: '~ 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 local safety members. ® Public Agency shall participate in the Public Employees' Retirement System from and after September 1, 1945 making its employees as' here- inafter 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· 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: Local Fire. Fighters (herein referred to as local safety members); be Local Police Officers (herein referred to as local safety members); Ce Employees other than local safety members (herein referred to as local miscellaneous members). ® e 5 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: PERSONS WHO ARE COMPENSATED ON AN HOURLY BASIS WHO ARE EMPLOYED JANUARY t, 1963 OR AFTER. The fraction 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 (2% at age 60 Full and Modified). The 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). The 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: Sections 21380 - 21387 (1959 Survivor Program) excluding Section 21382.2 (Increased 1959 Survivor Benefits) and Section 21382.4 (Third Level of 1959 Survivor Benefits) for local miscellaneOus and local police members only. be Section 21222.1 (Special 5% Increase - 1970). Legislation repealed said Section effective January 1, 1980. Ce Sections 21263, 21263.1 and 21263.3 (Post-Retirement Survivor Allowance). de Section 20930.3 (Military Service Credit), as defined in Chapter 830, Statutes of 1976 for local miscellaneous members only. ee Section 20024.2 (One-Year Final Compensation) for local safety members only. Sections 21380 - 21387 (1959 Survivor Program) including Section 21382.4 (Third Level of 1959 Survivor Benefits) for local fire fighters only. Public Agency, in accordance with Government Code Section 20740, ceased to be an "employer" for purposes of Section 20759 effective on November 11, 1977. 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. 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: (1) 0.079 percent until June 30, 2000 on account of the lia- bility for prior service benefits. (Subject to annual change.) (2) 12.566 percent until June 30, 2011 on account of the lia- bility 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) 0.059 percent until June 30, 2000 on account of the lia- bility for'prior service benefits. (Subject to annual change.) (2) 23.865 percent until June 30, 2011 on account of the lia- bility for current service benefits. (Subject to annual change.) (3) 0.046 percent until June 30, 2011 on account of the~lia- bility for the 1959 Survivor Program. (Subject to annual change.) Public Agency shall contribute $3.50 per employee 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 Fighters members ohly. 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. 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. 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. B® 11. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within thirty days affter 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. This amendment shall be effective on the , 19 . day of BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO BY SIDNEY C. McCAUSLAND, EXECUTIVE OFFICER BY Witness Date Approved as to form: Attest: Legal Office, Date PERS-CON-702 (AMENDMENT) (Rev. 9185) APPROVED AS TO FORM: VALERIE $. ARMENTO CiTY ATTORNEY AGREEMENT AUTHORIZING THE RELEASE OF 1959 SURVIVOR BENEFITS ASSETS AND LIABILITIES INTO THE THIRD LEVEL 19§9 SURVIVOR~;'BENEFIT POOL · BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO WHEREAS, the City Council of the City of South San Francisco has adopted a Resolution of Intention to include in its contract with the Board of Administration, Public Employees' Retirement System, pursuant to Government Code Sections 21380-21387, including Government Code Section 21382.4, the Third Level of 1959 Survivor Benefits; and WNEREAS, Government Code Section 21382.4, requires all assets and liabilities of all contracting agencies subject to this section, and their emDloyees who are covered by this section, to be pooled into a single account; NOW THEREFORE BE IT AGREED: Accumulated and/or future contributions required of the City of South San Francisco and its covered employees are to be released, pursuant to the provisions of Government Code Section 21382.4, to a single account referred to herein as the Third Level 1959 Survivor Benefits Pool. BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY SANDRA C. LUND ASSISTANT EXECUTIVE OFFICER BENEFIT SERVICES CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO BY Presiding Officer /~/ C0505 (Rev. 9/86)