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HomeMy WebLinkAboutCC Resolution 3982RESOLUTION NO. 3982 RESOLUTION' OF IArrEi'TION TO APPROVE AN A_s`}Et� -MIENT TO C011TRkCT D'ET61.l EH THE BOAFM OF ADMINISTP.P TION OF THE PUBLIC EMPLOYEES' RFTIREAENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF SAN RAFAEL WHEREAS, the Public Emaloyees' 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 said public agencies may elect to subject themselves and their employees to amendments to said law; and WHEREAS, one of the steps required in the procedure to amend this contract 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 shall contain a summary of the changes proposed in said contract; and WIMMAS, the following is a summary of the proposed changes: 1. Provides upon the death of a local miscellaneous member who has retired for service or disability, for the continuation of one-half the retirement allowance to certain survivors; and 2. Provides upon the death of a local safety member who has retired for service or industrial disability, for the continuation of one-half the retirement allowance to certain survivors. 3. A monthly allowance shall be paid to certain survivors of a mer- ber who dies before retirement. 4. Retirement allowances payable for time commencing on the first day of the calendar month coinciding with or next following the effective date of this amendment shall be increased to the amounts retired members would have been receiving if the provi- sions of this contract had been in effect on the effective date of retirement except that under no circumstances shall any allow- ance be decreased. 5. Prior service rendered but not otherwise creditable under the Retirement Law shall be credited to members who are entitled to credit for five or more years of current service. Ret. Form 122-1 NOIJO THEREFORE, BE IT RESOLVED, that the CITY COUNCIL of the CITY OF SAN RAFAEL gives, and it does hereby give notice of intention to approve an amend- ment to contract between said CITY COUNCIL and the Board of Adni-inistra- tion of the Public Employees' Petirement System, a copy of said amend- ment being attached hereto, marked "Exhibit A°1 and by this reference -made a part hereof. CITY COUNCIL December 21 1970 pato adoptee and approved OF THE CITY OF SAN RAFAEL BY M� � ( I �� e " -,, Name Mayor (Title) Ret. Form 122-2 1 1 EXHIBIT A AKCNDYIENT TO CON121iCT BErlrvTFEiu THE BG. 'D G AD': TS`s'r!!T'IG�' PUBLIC F2,TLO=S 1 RDTIR _v r SYSTEM AND THE o, CITY COUNCIL �. • .�?> Or T%iFa JIT OOF SAN RArAEL The Board of Adirir-lstration, Public Employees Retirement System, hereinafter referred to as Board and the CITY COO LCIL of the CITY C�� SAN F=_t'xEL, 'hereinafter referred to as Fublic n•=-;ancy Savin entered into a contract under date of June 20, 1957, Ff ecti+re Jul;;- 1, 1957, and as amended effective December .1, 19,7, Jarluary 1, 1958, ;,i: ret-: 2, 1959, January 1, 19b.9, arid. Octo-ber 1, 1569, wThich provides for -ar- ticioation of ''-blic Ao ;envy in said Sstem, !"oard and _Public A-ency hereby agree as follows: A. Para1;ran;is 13 are re•recy stricken from. said contr, ct as executed effective July 1, 1957, and are hereby replace:,' lCy the folk;• ng raragrapkhs nim bered 1 through- 11 inclusive: 1. All 'b=oss and terms used :.erein ',tiich Fire'• defined in the PubliC i'i-plo-je`_'s � etire: lent Law s'. -jail have the 1r eaninE- as defined therein unless of lel-.ise specifically 3rovir'ed. 'F_dorrral retire=ment age" shall mean aga 60 for miscel aneous :~:embers and. age 55 for local sa-Lety ; eir!%c.is 2. Public Agency sh.as.l :Oast .;ipat e ill tyle Pub! -; c r.rUlo;� ces 3 �etir-ement S :-stem f rora and ai .-.er JU_1y 1, 19-57, rmaki ng its emplo;,-ees as hereln- aTter rov:ided, members Cf said. sysrera subject -'o all rcv1;w:-ons Of the Public "aplp gees ? rietiremcn� Lair except such ao ap_o'1-y on l ` on election of a con rac 4 n- and are not. v'_'o ided for i_E rFin and o all u.;fie-. chits to said _�r�i, her; --after enacted CY.Cept SUCK e.5 1;)�V expres, prov:isi provision thereof' apply only on the election of ccniracting agencies. 3. Employees of Public Agency in the following classes shall become members Of sal d Retire: en_t Systern except such in each such class as are, excluded by law or this agreement: a. Lccal firemen (herein referred to as local safety members); b. Local ?policemen (herein referred to as local safety mei,::hers) Emr loyees other than S.Cval firel;men and local police,aen `Lerei_n r%fer7'Cd 'v0 cC5 11il:iC.'e ltadflcC'l'. W i;iG'i:lbel'."-, ) . The follo'Ning employees shall be &X-cluded from r_embership in said Retirement. System: M;DDITIO";l?, _ USIO ,S Ret. FoxTa 702-1 % 1 'b. The lrctlon of final compensation to be provided for seek year of oredited carrent a-3ry-ce as a miscellaneous member upon retirement at normal retlre, gent age shall be 1/60 and shall be a;:'lied as pro- vided in 3eetion 21251,1 of said Retirement Law. IM fraction of final sompossatift to be provided for a&&, year of credited current service as a local safety member shall be determined in accordance vitt Section 21252*1 of sad ReUx*uent Law* J 6. Benefits can account of pries service @hall be 100% of the fraction of final oompensatiou specified ter iaiscellwwous members in Para- graph 4 above, but computed in accordance with Station 21253 of said Retirement ',aw# and for loyal safety nw►rbere shall be 1,00% of the fraction establish" in accordance with i'aragraph �. 7. Contributions for miscellansow and local, safety members shall be sakja+et to Sections 206 01 &W 23602 respectively of said Be'ti.rasea't Lay. . The following additional provisions of the PUblis Im;Aloyerza a Retire. "at Law which apply only upon election of a contracting agency shall apply to tbo P*bU* ipeney and its ®ployse$r a. station 20024*01 (dofiWng efina3 compensatio " on the basis of a period of three eo:aaecutivae years). b. Beati,on 21258.1 (providing a minimum retirement sUm m ass of UM per year und*r certain conditions) . a. 544tion 21367.51. (providing a $5W.00 death benefit upon death after retirement) . df SeMon 200(providing for inclusioar of compensation Withott limit to computations where compensation to a factor)* s • SCUetion 2152.5 (providing for age 50 as the mi,r-da= voluntary ezti r©nent af;e for local sa=fety menrbera with benefit paywi nts coarsening prior to are 55 subject to actuarial discount). f. Section 21365.5 (providing a rac>rtthly► alloww:e6 In lien of the basic death benefit for certain survivors of ar member vhm dies in ewplaymmt after l,i,tyinrg ter voluntary service retirement). g. Sectlom 21251.35 (providing for the reealcule,tion of a? leuanees to nersons retired prior to January 1* 19698 in seeordaiWo with the c(;ntraet as acne rded on January 1, 1969). h. Section 21251.35 (providing for irAreaaea In allow&nces payable for time commneing on the first day of the calendar month coinciding with or next following the effective date of this amendaaest to nersuns retired prior to October 1, 1970). i, Section 21251..75 (providing for in allowareme payable for tuna aronry- Bing on the first "y of the GGIONWr morift coinciding vith or next following the (,,. t'f-ctiv. , date of this at to persons retired prior to January 1, 1967) • Rot. FOM 702.9 r� �V l Section 11264 (providing u;Km � t of a leaoal safety member who retireO for service or Ineustr` a1 disability for the continuation of one-half the r, tiree ant allowtm a to certain swvivors), � J 1t« motion 21 %4.1 (providing upcM death of a local a lsoollaneous •.. a :.,ember who retired for service or disability for the continua- -1 ontinua- ` 'yf tion of. one -i alf tho roti,%nent Fallc:waince to certain s,;rvivorte). 1. Section 2034.1 (providing for crediting prior aery rasa not othe►r- win* creditable when the :-.emiber has five or store years of current service). a,. tion 21330-7 (providing for allowxncea for survivors of .a cuvor :<d un"r the P" . .. up*n uc3ath before retA='u,.o,;t). 9. Public Agency stall oontaribute to Said Retire:.., - � System as follow*j A. With respect to misselianeous :;ter,berso the puabli,o agoncy Shall contribute too following percentages of iwathly s<<'_- ies miscellaneous ;nembera of said tea; (1) 1.201 percent wjUj 4 301, 2001, on sect of the liabiut,y for prior service benefits. 9.970 percent erm : acoant of the liability .for current :_L:'>� belief its. b. With respect to local, s=:,A ty • (rss the public , ir-ney shall Contriba'-,.) the following pa►seentaa of monthly sa . _ .os e- as 1.e)c;; l alaf ctr qw of said 5"Yeten! 1) 2.1i'9 ';.scent until .lune 30, 2WI on account of the liability for prior service benefits* (2) 16.047 percent on account of the liability for current service benefits. s, A reasonable ammat pix' annum# as fixed by Doarri to cover the casts of adminitstering said item as it affects the emleyees of Public Agency, not including the costs of special valuations or the ;)ariodical investigatimis and valuation required by law, prcvided that "Id account shall be deterodnesd on the basis of the number of em;)ioy ees of Publ. e Agoasy who are reported as ^e:'Ibers on a► payroll daesil7nated by the S:Mie i covering one month of each year,, or with respect to the First year of paarti®lpation, on the C:'faeoti.ve daiu of :=xid partisip*tloa. d. A rt;asonable amount as fixed by the Boards .:,y;�bje is ons install. ;C-.0as the occasions &rise# to Gavrr oo. to of special vaalustions ase account of saepL of Public Ag@rAy* and mate of the ,eriod- iealr invosti--tion a valuation required by, last. Rot. Fossi 702-3 10. Contribstioas required of Public Agency and its an4)loyees shall be 00ject to adjustment by-:c)ard on arroe"t of amend cents to th, Public .,nployeese Retirement Law, and on accmlant of experience Wer the ,etirement Systen, as determine-+ by the periodical 1 , �tigation AM valuation required bF said. Xotir :,•int Law* ll. Contributions required of Public AgeW And its paid by Public A to the otireelment Sy Uo vitbis thirty !aye after the *ad of '' period to mUch said contributions rotor. If mare or lees than the correct arAmat of contribution is paid for any p(:rionl, Droner adjustment 1.-sll be made In comeetion with subsequent re iittar)ces or ad,justmetnt on account of errors in . : r' b,itiees re- quired of any emf)loyes may be made by direct aa" payments between the em:)la ss and SoaM. Payments by Public Agaray to lo&M nay be made in the torte of we-%r!,ants,, bank: checks,* bank OrafLs# certified chetka# me1►y orders, or cub., S. This ajr!endre*nt shall offeatiVO on tbs day of Witness our hamts this Qay at 90ARD (W AMIlaSTRATION PUBLIC DPWTM I "TIRii' w SYS By William R. i'ayne, Executive 4 cer CITY COMILL CITT OF SAN RAFAEL I3Y'doz-( n+sid ng cer Ulerk Rot* Porn 702-4 CERTIFICbTION OF GOVERNING BODY'S ACTION I hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the ,rJ, Governing Body of the CTTY OP '`^.N '31F r dame of Public Agency on December 21, 1970 appearing at Page CIO , Date Volume 18 of the (Minutes) (Official -Records) of the CTTY ('nf�? ;?T, • Governing Body CITY CIERK or -Secretary of the Hoard t Ret. Form 949 (Rev. 5/69) 200