2008/04/22 City Council Resolution 2008-65RESOLUTION NO. 2008-65
RESOLUTION OF INTENTION
TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
/_\i!I Ilk I:l�
CITY COUNCIL
CITY OF ROHNERT PARK
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 said
public agencies may elect to subject themselves and their employees to
amendments to said Law; and
WHEREAS, one of the steps in the procedures to amend this contract is the adoption
by the governing 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 change proposed in said contract; and
WHEREAS, the following is a statement of the proposed change:
To provide Section 20475 (Different Level of Benefits): Section 21335
(5% Annual Cost -of- Living Allowance Increase) is applicable to only
those local miscellaneous members and local safety members
entering membership in the miscellaneous or safety classifications on
or prior to the effective date of this amendment to contract. Section
21329 (2% Annual Cost -of- Living Allowance Increase) is applicable to
local miscellaneous members and local safety members entering
membership for the first time in the miscellaneous or safety
classifications after the effective date of this amendment to contract.
NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency
does hereby give notice of intention to approve an amendment to the
contract between said public agency 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.
April 22, 2008
Date adopted and approved
(Amendment)
CON -302 (Rev. 4/96)
Presiding fficer
`e
Mayor
Title BREEZE: NO SMITH: AYE STAFFORD: AYE
VIDAK.MARTINEZ: AYE MACKENZIE: AYE
AYES: (4) NOES: (1) ASSENT: (0) ABSTAIN: (0)
r,
caIrexs
California
Public Employees' Retirement System
EXHIBIT
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of Rohnert Park
:1
The Board of Administration, California Public Employees' Retirement System,
hereinafter referred to as Board, and the governing body of the above public agency,
hereinafter referred to as Public Agency, having entered into a contract effective July 1,
1965, and witnessed May 17, 1965, and as amended effective August 2, 1972, October
1, 1977, January 1, 1980, June 1, 1987, March 1, 1990, February 14, 1992, June 27,
1992, July 1, 1997, July 1, 1998, October 25, 2002 and July 1, 2007 which provides for
participation of Public Agency in said System, Board and Public Agency hereby agree
as follows:
A. Paragraphs 1 through 13 are hereby stricken from said -contract as executed
effective July 1, 2007, and hereby replaced by the following paragraphs
numbered 1 through 13. inclusive:
1. 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 55 for local miscellaneous members and age 50 for local safety
members.
d..'
2. Public Agency shall participate in the Public Employees' Retirement
System from and after July 1, 1965 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 contracting 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);
b. Local Police Officers (herein referred to as local safety members);
C. Employees other than local safety members (herein referred to as
local miscellaneous members).
4. 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:
NO ADDITIONAL EXCLUSIONS
5. Prior to January 1, 1975, those members who were hired by Public
Agency on a temporary and /or seasonal basis not to exceed 6 months
were excluded from PERS membership by contract. Government Code
Section 20305 supersedes this contract provision by providing that any
such temporary and /or seasonal employees are excluded from PERS
membership subsequent to January 1, 1975.
6. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member in
employment before and not on or after July 1, 2007 shall be determined in
accordance with Section 21354 of said Retirement Law subject to the
reduction provided therein for Federal Social Security (2% at age 55
Modified. and Full).
7. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member in
employment on or after July 1, 2007 shall be determined in accordance
with Section 21354.5 of said Retirement Law subject to the reduction
provided therein for Federal Social Security (2.7% at age 55
Modified and Full).
8. The percentage 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 21362.2 of said Retirement Law
(3% at age 50 Full).
9. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 21573 (Third Level of 1959 Survivor Benefits).
b. Section 20965 (Credit for Unused Sick Leave).
G. Section 21335 (5% Cost -of- Living Allowance) for those local
miscellaneous members and local safety members entering
membership in the miscellaneous or safety classifications on or
prior to the effective date of this amendment to contract.
d. Section 20042 (One -Year Final Compensation).
e. Section 21024 (Military Service Credit as Public Service).
f. Section 20903 (Two Years Additional Service Credit).
g. Section 21027 (Military Service Credit for Retired Persons).
h. Section 21023.5 (Public Service Credit for Peace Corps,
AmeriCorps VISTA, or AmeriCorps Service).
Section 20475 (Different Level of Benefits). Section 21335 (5%
Annual Cost -of- Living Allowance Increase) is not applicable to
local miscellaneous members and local safety members entering
membership for the first time in the miscellaneous or safety
classification after the effective date of this amendment to contract.
10. Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuations of prior and future service liability with
respect to local miscellaneous members and local safety members of said
Retirement System.
11. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21573 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 survivors of all
local miscellaneous membes and local safety members.
b. A reasonable amount, as fixed by the Board, payable in one
installment 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.
C. A reasonable amount, as fixed by the Board, payable in one
installment 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.
12. 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.
13. 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 day of ,
A;.
BOARD OF ADM IN ISTRATIOI��� CITY COUNCIL
PUBLIC EMPLOYEES' RETIRIVfENT SYSTEM CITY OF ROHNERT PARK
a r
BY BY
LORI MCGARTLANQ, CHIEF PRESIDING OFFICER
EMPLOYER SERVICES DIVISION', "
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
4
Witness
Attest:
y°
Clerk
AMENDMENT ER# 0587
PERS- CON -702A (Rev. 10 \05)