Resolution 12060CITY OF ALAMEDA RESOLUTION NO. 12060
RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO
CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL
OF THE CITY OF ALAMEDA.
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 procedure to amend this
contract is the adoption of 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 20862.8 (Credit for Unused
Sick Leave) for local miscellaneous members.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the- -
City of Alameda does hereby give notice of intention to approve an
amendment to the contract between the City Council 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.
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AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIRBlEINTT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF ALAMSDA
The Board of Administration, Public Employees' Retirement System, hereinafter
referred to as Board, and the governing body of above public agency,
hereinafter referred to as Public Agency, having entered into a contract
effective January 1, 1957, and witnessed December 20, 1956, and as amended
effective February 1, 1961, April 1, 1964, May 1, 1965, October 1, 1973,
January 1, 1983, July 1, 1990 and December 31, 1990, 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 December 31, 1990, 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 60 for local miscellaneous members and age 50 for local
safety members.
2. Public Agency shall participate in the Public Employees' Retirement
System from and after January 1, 1957 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).
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PLEASE DO NOT SIGN "EXHIBIT ONLr
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:
a. ALL HOURLY RATED NON -CIVIL SERVICE EMPLOYEES
HIRED OM OR AFTER MAY 1, 1965; AND
b. LOCAL HEALTH DEPARTMENT EMPLOYEES.
5. Assets heretofore accumulated with respect to local miscellaneous
members in the local retirement system have been transferred to the
Public Employees' Retirement System and applied against the liability
for prior service incurred thereunder. That portion of the assets so
transferred which represent the accumulated contributions (plus
interest thereof) 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.
6. Assets heretofore accumulated with respect to local fire members and
local police members in the local retirement system have been
transferred to the Public Employees' Retirement System and applied
against the liability for prior service incurred thereunder. That
portion of the assets so transferred which represent the accumulated
contributions (plus interest thereof) 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.
7 The percentage of final compensation to be provided for local miscel-
laneous members for each year of credited prior and current service
shall be determined in accordance with Section 21251.13 of said
Retirement Law, subject to the reduction provided therein for service
on and after January 1, 1959, the effective date of Social Security
coverage, and prior to December 31, 1982, termination of Social
Security, for members whose service has been included in Federal
Social Security. (2% at 60 Full and Modified).
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 21252.01 of said Retirement Law
(2% at age 50 Full).
9. Public Agency elected to be subject to the following optional
provisions:
a. Sections 21380 -21387 (1959 Survivor Benefits) excluding Section
21382.2 (Increased 1959 Survivor Benefits) and Section 21382.4
(Third Level of 1959 Survivor Benefits) for local miscellaneous
members.
b. Sections 21263/21263.1 (Post- Retirement Survivor Allowance).
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EXHIBIT ONIr
c. Section 20024.2 (One -Year Final Compensation).
d. Section 20835.1 (Limit Prior Service to Members Employed on
Contract Date).
e. Section 20862.8 (Credit for Unused Sick Leave).
f. Section 21266 (Post- Retirement Survivor Allowance to Continue
After Remarriage) for local safety members only.
Section 21361.5 (Local System Service Credit Included in Basic
Death Benefit) for local safety members only.
h. Sections 21380 -21387 (1959 Survivor Benefits) including Section
21382.4 (Third Level of 1959 Survivor Benefits) for local safety
members.
g.
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. Public Agency shall contribute $2.50 per employee, per month on
account of the liability for the 1959 Survivor Benefits 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 survivors of all local safety
members.
b. 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.
c. 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.
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.
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13, Contribution; 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 4 the day of
, 194r.
BOARD OF ADMINISTRATION \.. CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT eEM OF THE
CITY OF ALAMEDA
BY �n� BY -1 At-
CHIEF, CONTRACT & VICES DIVISION Presiding Officer ��'
PUBLIC EMPLOYEg RETIREMENT SYSTEM _�1�.
Witness Date (4i.
G-;'
Attest: `(a5'
C'
4v
Clerk ,p
as,
PERS- CON -702 (AMENDMENT)
(Rev. 6/88)
I, the undersigned, hereby certify that the foregoing Resolution
was duly and regularly adopted and passed by the Council of the
City of Alameda in regular meeting assembled on the fifteenth day
of January, 1991, by the following vote to wit:
AYES: Councilmembers Arnerich, Camicia, Thomas,
Withrow and Mayor Corica - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this sixteenth day of January, 1991.
Diane Felsch, City Clerk
City of Alameda