Resolution 1982- 62
"
.
.
."
RESOLUTION NO. 82 - 62
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY OF INTENTION TO
APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRA-
TION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUN-
CIL OF THE CITY OF GILROY.
WHEREAS, the Public Employees' Retirement Law permits the parti-
cipation 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
\iHEREAS, one of the steps in the procedure to amend this con-
tract is the adoption by the legislative body of the public agency of
a resolution giving notice of its intention to approve an amendment to
said contract, which resolution whal1 contain a summary of the change
proposed in said contract; and
WHEREAS, the following is a statement of the proposed change:
To provice a formula change from 1/2 at 55 to
2% at 50 Full Formula for local fire members only.
NOW, THEREFORE, BE IT RESOLVED, that the governing body of the above
agency gives, and it 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.
PASSED AND ADOPTED this 19th day of April, 1982, by the following
vote:
AYES:
COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR,
VALDEZ and GOODRICH.
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
NOES:
ABSENT:
APPROVED:
~~~&.ii~:"L
Mayor
ATTEST:
d/'u-Jt.~
/ Cfty Clerk
RESOLUTION NO. 82 - 62
.
"EXHIBIT"
.
?
A~NDMENT TO CONTRACT BETWE8N THE
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RET;;IREMENT SYSTEJII
AND TH E
CITY COUNCIL
OF THE
CITY 01 GILROY
'.
-
The Board of Administration, Public Employees' Retirement System, herein-
after referred to as Board, and the governing body of above public agency, here-
inafter referred to as Public Agency, having entered into a contract under date
of ~ay 21, 1968, effective July 1, 1968, and as amended effective November 3,
1971, AU~lst 1, 1973, January 1, 1975 and July 1, 1981, which provides for
participation of Public Agency in ~id System, Beard and Public Agencj hereby
agree as follows: ~
~
A. Paragraphs 1 througl'r 11 are here~ricken from said contract as executed
effective July 1, 1981, and hereb placed by the following paragraphs
numbered 1 through 12 inclusive: ~
1. All words and terms used herein ~~'Ch are defined in the Public
Employees' Retirement Law shall h the meaning as defined .therein
unless otherwise specifically provl . "Normal retirement age" shall
mean age 60 for local miscellaneous ~age 55 for local police
~embers and age 50 'for local fire me s.
2. Public Agency shall participate in the lic Employees' Retirement
SJstem from and after July 1, 1968 makin~s employees as hereinafter
provided, members of said System subject 11 provisions of the
Public Employees' Retirement Lav except sue s apply only on election
or-a contracting agency and are not provided for herein and to all
amendments to said Law hereafter enacted except such as by express
provisions thereof apply only on the election of contracting agencies.
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 Firemen (herein referred to as local safety members);
b. Local Policemen (herein referred to as local safety members);
c. Employees other than local safety members (herein referred to as
local miscellaneous members).
In addition to the classes of employees excluded fro. membership by
said Retirement Lav, the following classes of employees shall not
become ~embers of said Retirement Systes:
ELECTED OFFICIALS,
PERSONS COMPENSATED ON AN HOURLY BASIS
-
.
.
"
4. Assets accumulated vith respect to members in the local retirement
system were transferred to the Public Employees' Retirem~nt Syste~
within four months of contract date and applied against the liability
for prior service incurred thereunder. That portion of the assets 80
trans ferred which represen ted--the accumulated contributions (plua
interest thereupon) required" of the employees under said local system
has been credited to the individual membership account of each such
employee under the Public Employees' Retirement System.
5.
The fraction of fina~ compensation to be provided for each year of
credited prior and current service as a local miscellaneous member
shall be that provided in Section 21251.13 of said Retirement Lav vi th
all service prior to Social Security termination December 31 p 1974,
subject to the reduction provided by said section.
~
The fraction of final compensati~ to
credited prior and current servi~as
determined in accordance with Sect~n
(One-half pay at age 55). ()
The fraction of final compensation ~be provided for each year of
credited prior and current service a~a local fire member shall be
determined in accordance with Sectio~1252.01 of said Retirement Lav
(2% at age 50 Full). ~
,
The folloving additional provisions of ~ Publfc Employees' Retire-
ment Law vhich apply only upon election -~ a contracting agency shall
apply to the Public Agency and its emplo~a:
~
Section 20952.5 (Age' 50 voluntary reb{)ement1 for local safety
members only.. .~=.
Sections 21380-21387, (1959 Survivors P~gram)~ excluding Section
21382.2 (Increased 1959 Survivors benefits).
6.
be provided for each year of
a local police member shall be
21252.1 of said Retirement Law
7.
8.
a.
b.
c. Section 21361.5 (Local System Service Credit) for local miscel-
laneous members only.
d. Section 21222.1 (Special 5% increase - 1970).
e. Section 20983.6 ('iaiver of age 70 retirement) for local miscel-
laneous members only.
9. Public Agency, in accordance with Section 20740, Government Codep
ceased to be an NemployerN for purposes of Chapter 6 of the Public
Employees' Retirement Law effective on July 1p 1981. Accumulated
contributions of Public Agency as of the aforementioned date shall be
fixed and determined as provided in Section 20759. Government Code.
and accumulated contributions as of the aforementioned date and
contributions thereafter made shall be held ~ the Board &s provided
in Section 20759. Government Code.
-
.
.
10. Public Agency shall contribu~e to said Retirement System as follovs:
a. With respect to miscellaneous members, the ag~ncy shall con-
tribute the folloving percen~ages of monthly salaries earned as
miscellaneous members of said Retirement System:
(1) 4.447 percent until June 30, 1983 on account of the
liability for prior service bepefits.
(2) 8.268 percent on account of the liability for current
service benefits.
(3) 0.227 percent on account of the liability for the 1959
Survivor Program.
b. With respect to local safety members, the agency shall contribute
the folloving percentages of monthly salaries earned as local
safety members of said Retirement System:
(1) 2.895 percent until June 30, 1988 on account of the
liability for prior service benefits.
1 1 .
(2) 13.401 ~rcent on account of the liability for current
service~nefits.
u-~
c. A reasonable ~junt per annum, ~s fixed by, the Board to cover the
costs of admi~tering said System as it affects the employees of
Public Agency,~t including the costs of special valuations or
of the periodi~vestigation and valuations required by law.
::.4 . .
d. A reasonable am~t as fixed Qy the Board. payable in one install-
ment as the occa~ns arise, to cover the costs of special valua-
tions on account~ employees of Public Agency, and costs of the
periodic investig~on and valuations required by law.
Contributions required ~\PubliC Agency and its employees shall be
subject to adjustment b~oard on account of amendments to the Public
Employees' Retirement Lab and on account of .the experience under the
Retirement System as dete~ined by the perioGic investigation and
valuation required by sai~~etirement Law.
...
12.
Contributions required of Public Agency and its employees shall be
paid by Public Agency to the Retirement System within thirty 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. or
adjustments on account of errors in contributions required of any
employee may be made by direct cash payments betveen the employee and
the Board. Payments by Public Agency to Board .~ be made in the fora
of warrants, bank checks. ~ank drafts, ~erti/ied_check8, soney orders
or cash.
.
.
B. This amendment shall be attached to said contract and shall be effective on
the day of , 19
Witness au r hands the day of , 19_
---
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREME~T SYSTEM OF THE
CITt 01 GILROY
BY
Carl J. Blechinger, Executive Officer
BY
Presiding Officer
Approved as to form:
~
~
A ttes ten
"'
-
Q ~.. 'r
Cynthia ~. Be:..e , Legal Orfica,
..
8
Z
Clerk g
(It
PERS C5-7?2
Z
Date
..
,#
rn
><
::c
-
!i.
o
%
q.
. .
.
..
-- .. t ..
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 82-62 is an
original resolution, duly adopted by the Council of the City of
Gilroy at a regular meeting of said Council held on the 19th
. day of April, 19 ~, at which meeting a quorum was
present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Official Seal of the City of Gilroy this 3rd day of May
, 19 ~..
/'