Resolution 13580CITY OF ALAMEDA RESOLUTION NO. 13580
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 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 for a merger of the contract of the Housing Authority of the City of
Alameda (#1551) into the contract of the City of Alameda, pursuant to Government
Code 205087, and to provide Section 21354 (2% @ 55 Full and Modified formula)
for local miscellaneous members.
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 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.
k
CalPERS
EXHIBIT
California
Public Employees' Retirement System
AMENDMENT TOCONTI ACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of Alameda
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
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, December 31, 1990, March 21, 1991, July 4, 1991, September 3, 1992, October
15, 1992 March 11, 2001 and May 5, 2002which 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 May 5, 2002, and hereby replaced by the following paragraphs
numbered 1 through 14 inclusive:
11)
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.
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.
PLEASE Da NOT SIGN "EXH
s`
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:
b.
Local Fire Fighters (herein referred to as local safety members);
Local Police Officers (herein referred to as local safety members);
Employees other than local safety members (herein referred to as
local miscellaneous members).
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 ON OR AFTER MAY 1, 1965; AND
b. LOCAL HEALTH DEPARTMENT EMPLOYEES.
5. Assets heretofore accumulated with respect to local miscellaneous
members under the local retirement system who waived their rights under
that system have been transferred to the Public Employees' Retirement
System and applied against the liability for prior service incurred
thereunder. That portion of assets so transferred which represent the
accumulated contributions (plus interest thereof) required of the
employees under said ;local system have 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 safety members
under the local . retirement system who waived their rights under that
system have been transferred to the Public Employees' Retirement
System and applied against the liability for prior service incurred
thereunder. That portion of assets so transferred which represent the
accumulated contributions (plus interest thereof) required of the
employees under said local system have been credited to the individual
membership account of each such employee under the Public Employees'
Retirement System.
7. This contract shall be a continuation of the contract of the Housing
Authority of the City of Alameda, hereinafter referred to as "Former
Agency ". The accumulated contributions, assets and liability for prior and
current service under the Former Agency's contract shall be merged
pursuant to Section 20508 of the Government Code. Such merger
occurred July 1, 2000.
Section 21354 (2% @ 55 full formula) provided under this contract
shall apply to all past service for former employees of the Housing
Authority of the City of Alameda.
PLEASE DO NOT SIGN "EXHIBIT ONLY"
8. The percentage of final compensation to be provided for each year of
credited prior and current service for local miscellaneous members shall
be determined in accordance with Section 21354 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 age 55 Full
and Modified).
9. 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).
10. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 21573 (Third Level of 1959 Survivor Benefits).
b. Sections 21624 and 21626 (Post-Retirement Survivor Allowance).
c. Section 20042 (One-Year Final Compensation).
d. Section 20938 (Limit Prior Service to Members Employed on
Contract Date) for local safety members only.
e. Section 20965 (Credit for Unused Sick Leave).
f. Section 21635 (Post-Retirement Survivor Allowance to Continue
After Remarriage) for local safety members only.
g.
Section 21536 (Local System Service Credit Included in Basic
Death Benefit) for local safety members only.
h. Section 20903 (Two Years Additional Service Credit) for local
miscellaneous members only
11. 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 safey members of said
Retirement System.
12. 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 members 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.
•
13. 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.
14. 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
BOARD OF ADMINISTRATION S--/ CITY COUNCIL .&
PUBLIC EMPLOYEES' RETIREME5T SYSTEM CITY OF ALAMEDA
/.....
p„,■.. /....
BY BY
,•-...
KENNETH W. MARZION, CH PRESIDING OFFICE
ACTUARIAL & EMPLOYER RVICES DIVISION P--/
PUBLIC EMPLOYEES' R EMENT SYSTEM
Witness Date K..
0
Attest:
1.4
Clerk 4Q
AMENDMENT ER# 354-
PERS-CON-702A (Rev. 8\02)
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 a regular meeting assembled on the 6th
day of May, 2003, by the following vote to wit:
AYES: Councilmembers Daysog, DeWitt, Kerr, Matarrese, and Mayor
Johnson - 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
7th day of May, 2003.
Lara Weisiger, City Clerk=
City of Alameda