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HomeMy WebLinkAbout2005 031 CC RESO2005 031 CC RESOö˜Ðw`òÕw¢Vå RESOLUTION NO. 2005-031 A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF BALDWIN 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 21354.5 2.7% 55 Full & Modified formula); and Section 20516 4.598% Employees Shanng Cost of Additional Benefits) 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 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. PASSED, APPROVED and ADOPTED this BIB] 38630-U01 2005-U02 031-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO60484-U03 DO73341-U03 C6-U03 RESO-U03 09/21/2005-U04 ADMIN-U04 2005 031 CC RESOö˜Ðw`òÕw¢Vå Resolution No. 2005-031 Page 2 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF BALDWIN PARK ss. I, LAURA M. NIETO, Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at regular meeting of the City Council held on April 6, 2005, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Marlen Garcia, David J. Olivas and Mayor ManuelLozano NONE Bill Van Cleave and Mayor Pro Tern Ricardo Pacheco NONE M Vh^ URA M. NIETO DEPUTY CITY CLERK BIB] 38630-U01 2005-U02 031-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO60484-U03 DO73341-U03 C6-U03 RESO-U03 09/21/2005-U04 ADMIN-U04 2005 031 CC RESOö˜Ðw`òÕw¢Vå CalPERS EXHIBIT California Public Employees' Retirement System AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees^ Retirement System and the City Council City of Baldwin Park 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 September 1, 1965, and witnessed July 7, 1965. and as amended effective January 1. 1972, July 1, 1977. October 9. 1994, December 2. 1995, November 15. 1998. December 3, 1999 and July 4, 2004 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective July 4, 2004, 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. BIB] 38630-U01 2005-U02 031-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO60484-U03 DO73341-U03 C6-U03 RESO-U03 09/21/2005-U04 ADMIN-U04 2005 031 CC RESOö˜Ðw`òÕw¢Vå PLEASE DO. h»nT r^pM i\J S C- 2. Public Agency shall participate in the Public Employees' Retirement System from and after September 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 orjthis agreement: a. Local Police Officers herein referred to as local safety members); b. 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: a. FIRE FIGHTERS. 5. The percentage of final compensation to be provided for each year of credited prior and current service for local miscellaneous members in employment before and not on or after the effective date of the amendment to contract shall be determined in accordance with Section 21354 of said Retirement Law, subject to the reduction provided therein for service prior to December 31, 1971. termination of Social Security, for members whose service has been included in Federal Social Security 2% at age 55 Full and1 Modified). 6. The percentage of final compensation to be provided for each year of credited prior and current service for local miscellaneous members in employment on or after the effective date of the amendment to contract shall be determined in accordance with Section 21354.5 of said Retirement Law, subject to the reduction provided therein for service prior to December 31, 1971, termination of Social Security, for members whose service has been included in Federal Social Security 2.7% at age 55 Full and Modified). BIB] 38630-U01 2005-U02 031-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO60484-U03 DO73341-U03 C6-U03 RESO-U03 09/21/2005-U04 ADMIN-U04 2005 031 CC RESOö˜Ðw`òÕw¢Vå Hi CACC ft IT i i»L.h^L u^' S 7. The percentage of filial 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). 8. Public Agency elected and elects to be subject to the following optional provisions: a. Section 20042 One-Year Final Compensation). b. Section 21571 Basic L^vel of 1959 Survivor Benefits). c. Section 20903 Two Years Additional Service Credit). d. Section 21024 Military Service Credit as Public Service). e. Section 20503 To Remove the Exclusion of All Hourly Rated or Hourly Basis Employees. Prospectively from December 3, 1999). f. Section 20516 Employees Sharing Cost of Additional Benefits): Section 21354.5 2.7% 55 Full and Modified formula) From and after the effective date of the amendment to contract the miscellaneous employees of Public Agency shall be assessed an additional 4.598% of their compensation for a total contribution rate of 12.598% pursuant to Government Code Section 20516. 9. Public Agency, in accordance with Government Code Section 20790, ceased to be an employer" for purposes of Section 20834 effective on July 1, 1977. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 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. BIB] 38630-U01 2005-U02 031-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO60484-U03 DO73341-U03 C6-U03 RESO-U03 09/21/2005-U04 ADMIN-U04 2005 031 CC RESOö˜Ðw`òÕw¢Vå 11. Public Agency shall also contribute to said Retirement System as follows: a. 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. b. A reasonable amount, as fixed by the Board, payable in one installment as fhe 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 f. f" f BOARD OF ADMINISTRATION^' CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF BALDWIN PARK. LORI MCGARTLAND,WTING CHIEFPRESIDING OFFJC^' ACTUARIAL & EM^OYER SERVICES DIVISION PUBLIC EMPLOYEES'RETIREMENT SYSTEM Witness Date Attest: Clerk AMENDMENT ER#595 PERS-CON-702A Rev. 8\02) BIB] 38630-U01 2005-U02 031-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO60484-U03 DO73341-U03 C6-U03 RESO-U03 09/21/2005-U04 ADMIN-U04 2005 031 CC RESOö˜Ðw`òÕw¢Vå CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Division Public Agency Contract Services P.O. Box 942709 Sacramento. CA 94229-2709 888) CalPERS 225-7377) CERTIFICATION OF COMPLIANCE WITH GOVERNMENT CODE SECTION 20516 I hereby certify that in accordance with Section 20516 of the Government Code. City of Baldwin Park and its miscellaneous employees have agreed in writing to share the costs of the following benefit: Section 21354.5 2.7% 55 Full & Modified formula) fe^ZZ-TA____ I^pg-hj Cfe^C Title joA^cnnS^ Witness n)o5 Date PERS-CON-500 Rev. 1/96) BIB] 38630-U01 2005-U02 031-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO60484-U03 DO73341-U03 C6-U03 RESO-U03 09/21/2005-U04 ADMIN-U04 2005 031 CC RESOö˜Ðw`òÕw¢Vå CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Division Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229-2709 888) CalPERS 225-7377) CERTIFICATION OF GOVERNING BODY'S ACTION hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the CITY COUNCIL ofthe governing body) CITY OF BALDWIN PARK public agency) on April 6> 2005 date) 77.7^fa rk/Secretary Cfuin Cch) /gr^ ttie PERS-CON-12(rev. 1/96) BIB] 38630-U01 2005-U02 031-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO60484-U03 DO73341-U03 C6-U03 RESO-U03 09/21/2005-U04 ADMIN-U04 2005 031 CC RESOö˜Ðw`òÕw¢Vå CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Division Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229-2709 888) CalPERS 225-7377) CERTIFICATION OF COMPLIANCE WITH GOVERNMENT CODE SECTION 7507 I hereby certify that in accordance with Section 7507 of the Government Code the future annual costs as determined by the System Actuary and/or the increase in retirement benefit(s) have been made public at a public meeting of the CITY COUNCIL of the governing body) CITY OF BALDWIN PARK on APRIL 6, 2005 public agency) which is at least two weeks prior to the adoption of the date) Resolution / Ordinance. /^VTl.jTi}^ rk/Secretary Dwn-^ 0^ Cterf. Titi? Date H/1//OS' PERS-CON-12A rev. 1/96) BIB] 38630-U01 2005-U02 031-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO60484-U03 DO73341-U03 C6-U03 RESO-U03 09/21/2005-U04 ADMIN-U04