HomeMy WebLinkAboutRESO 7957RESOLUTION NO. 7957
RESOLUTION OF INTENTION OF THE COUNCIL OF THE CITY
OF PALO ALTO TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC
EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF PALO
ALTO (INCLUSION OF EMPLOYEES PERFORMING DUTIES OF
FIRE FIGHTING, FIRE PREVENTION, FIRE TRAINING,
HAZARDOUS MATERIALS, EMERGENCY MEDICAL SERVICES OR
FIRE OR ARSON INVESTIGATION SERVICES WITHIN THE
"LOCAL FIRE FIGHTER" CLASSIFICATION)
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
. change:
WHEREAS, the following is a statement of the proposed
To add benefits under Government Code Section
20434 (Any officers or employees of a fire
department employed to perform duties of fire
fighting, fire prevention, fire training,
hazardous materials, emergency medical services or
fire or arson investigation services as "Local
Fire Fighters").
NOW, THEREFORE, the Council of the City of Palo Alto does
RESOLVE as follows:
SECTION 1. The City Council of the City of Palo Alto does
hereby give notice of intention to approve an amendment to the
contract between the City of Palo Alto 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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000225 cl 0032310
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SECTION 2. The City Council finds that this is not a
project under the California Environmental Quality Act, and
therefore, no environmental impact assessment is necessary.
INTRODUCED AND PASSED: April 24, 2000
AYES: BEECHAM, BURCH, EAKINS, FAZZINO, KLEINBERG, KNISS, LYTLE, MOSSAR, OJAKIAN
NOES:
ABSENT:
ABSTENTIONS:
APPROVED:
APPROVED AS TO FORM:
£kc A.A...-41...... w' (t~~--
Senior Asst. City Attorney
2
000225 cl 0032310
I.
A_
CalPERS
EXHIBIT
California
Public Employees' Retirement System
--------~--------
AMENDMENT TO CONTRACT
Between the
Board of Administration
California PubHc Employees' Retirement System
and the
City CouncH
City of Palo Mto
-------~-------
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, 1942, and witnessed March 9, 1942, and as amended effective January 1,
1948, April 1, 1949, January 1, 1952, July 1, 1954, February 1, 1956, November 1,
1964, September 23, 1968, December 14, 1970, February 1, 1974, July 8, 1974,
January 5, 1975, April1, 1975, September 11, 1977, July 1, 1979, February 21, 1981,
July 11, 1981, December 12, 1981, June 12, 1982, September 17, 1983, November 12,
1983, February 11, 1991, October 15, 1994, December 10, 1994, February 27, 1996,
October 15, 1998, January 1, 1999 and October 14, 1999 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 October 14, 1999, and hereby replaced by the following paragraphs
numbered 1 through 12 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
membeffi. ·
PLEASE DO NOT SIGN 11EXHIBIT ONLY''
2. Public Agency shall participate in the Public Employees' Retirement
System from and after January 1, 1942 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:
a. PROJECT PROFESSIONAL; PROJECT MANAGER; PROJECT
TECHNICIAN; PROJECT ASSISTANT; PROJECT LABORER;
LANDSCAPE MAINTENANCE TRAINEE; LIBRARY PAGE;
RECREATION LEADER; WATER SAFETY INSTRUCTOR/
LIFEGUARD; AND POOL MANAGER HIRED ON OR AFTER
OCTOBER 14, 1999.
5. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member shall
be determined in accordance with Section 21354 of said Retirement Law
(2% at age 55 Full).
6. 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 of said Retirement Law (2%
at age 50 Full).
PLEASE DO NOT SIGN "EXHIBIT ONLYII
7. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 21571 (Basic Level of 1959 Survivor Benefits).
b. Section 21222.1 (Special 5% lncrease-1970). Legislation repealed
said Section effective January 1, 1980.
c. Section 21222.2 (SpecialS% lncrease-1971). Legislation repealed
said Section effective January 1, 1980.
d. Section 21319 (Special 15% Increase for Local Miscellaneous
Members).
e. Section 21325 (Special 3%-15% Increase) for or on behalf of those
local miscellaneous members and local safety members who
retired or died prior to January 1, 197 4.
f. Section 20042 (One-Year Final Compensation).
g. Section 21317 (Special15% Increase for Local Safety Members).
h. Section 21326 (Special 1%-7% Increase) for or on behalf of those
local miscellaneous members and local safety members who
retired or died prior to July 1, 1974.
i. Section 21024 (Military Service Credit as Public Service), Statutes
of 1976.
j. Section 20692 (Employer Paid Member Contributions Converted to
Payrate During the Final Compensation Period) for local
miscellaneous members and local safety members in the following
groups:
Local miscellaneous members who are Management and
Confidential employees;
Local police members who are Management and Confidential
employees;.
FlEM3E DO NOT SIGN "EXHIBIT ONLY1
Local fire members who are Management and Confidential
employees;
Local miscellaneous membes represented by Local 715, SEIU,
AFL-CIO, and CLC; and
Local police members represented by the Palo Alto Peace Officers'
Association.
k. Section 20434 ("Local Fire Fighter" shall include any officer or
employee of a fire department employed to perform firefighting, fire
prevention, fire training, hazardous materials, emergency medical
services, or fire or arson investigation services as described in
Government Code Section 20434).
8. Public Agency, in accordance with Government Code Section 20790,
ceased to be an "employer" for purposes of Section 20834 effective on
September 11, 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.
9. 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.
10. 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 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.
11. 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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12. 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 ~ CITY COUNCIL ~
PUBLIC EMPLOYEES' RETIREMENT~STEM CITY OF PALO ALTO ~~ ~ ~~ ~~ ~~~
BY . J' BY. ..:i}
KENNETH W. MARZIO~N, C~ PRESIDING OFF.IC~<s'
ACTUARIAL & EMPLOY RVICES DIVISION . ~
PUBLIC EMPLOYEES' IREMENT SYSTEM ~~~(J
~ 1f? ~\9 ~~~~Nr---------Witness Date
AMENDMENT
PERS-CON-702A (Rev. 8\96)
Attest:
Clerk