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.
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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);
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Local Police Officers (herein referred to as local safety
members);
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Employees other than local safety members (herein referred to as
local miscellaneous members).
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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.
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Section 21222.1 (Special 5% Increase - 1970). Legislation
repealed said Section effective January 1, 1980.
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Sections 21263, 21263.1 and 21263.3 (Post-Retirement Survivor
Allowance).
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Section 20930.3 (Military Service Credit), as defined in
Chapter 830, Statutes of 1976 for local miscellaneous members
only.
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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.
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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)