HomeMy WebLinkAboutRESO7504RESOLUTION NO. 7504
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 (LOCAL POLICE MEMBERS)
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 Government Code section
20930.3 (Military Service Credit as
Public Service)for local police members.
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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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 17, 1995
AYES: ANDERSEN, HUBER, KNISS, MCCOWN, ROSENBAUM, SIMITIAN, WHEELER
MSS: -
ABSENT: FAZZINO, SCHNEIDER
ABSTENTIONS:
ATTES
City Clerk
APPROVED AS TO FORM:
W . C
enior Asst. City Attorney
APPROVED:
Di ector of Human Resources
or
Manag
tor of Finance
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9504101ac 0031110
EXHIBIT
AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF PALO ALTO
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, 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, April 1, 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 and December
10, 1994 which provides for participation of Public Agency in said System, Board and Public Agency
hereby agree as follows:
A. Paragraphs 1 through 12 of said contract amendment as executed February 11, 1991, and
paragraphs A through B, inclusive, of the contract amendments as executed effective October 15,
1994 and December 10, 1994, are stricken and are hereby replaced by the following paragraphs
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 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, 1942 making its employees as hereinafter provided, members of said
System subject to alt 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).
e'I1.ASE DO Nat SIGN "EXHIBIT ONLY'
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. 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 21251.13 of said Retirement Law (2% at age 60 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
21252.01 of said Retirement Law (2% at age 50 Full).
7. Public Agency elected and elects to be subject to the following optional provisions:
a. Section 21382 (Basic Level of 1959 Survivor Benefits), pursuant to Article 6,
(commencing with Section 21380).
b. Section 21222.1 (Special 5% Increase - 1970). Legislation repealed said Section
effective January 1, 1980.
c. Section 21222.2 (Special 5% Increase - 1971). Legislation repealed said Section
effective January 1, 1980.
d Section 21222.6 (Special 15% Increase for Local Miscellaneous Members).
Section 21222.85 (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, 1974.
f. Section 20024.2 (One -Year Final Compensation).
g. Section 21222.4 (Special 15% Increase for Local Safety Members).
e.
h. Section 21222.86 (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 20930.3 (Military Service Credit as Public Service), Statutes of 1976 for
local miscellaneous and local police members.
•
•
'LEASE DO NOT SIGN "EXHIBIT ONW'.
j. Section 20615.5 (Discontiaiing Employer Paid Member Contributions as
Compensation During the Final Compensation Period and Increasing Members=
Payrate) for local miscellaneous members and local safety members in the
following employee groups and for the specified percentages:
7% Local miscellaneous members who are Management and Confidential
employees.
9% Local police members who are Management and Confidential employees.
9% Local fire members in the Management and Confidential employees.
7% Local miscellaneous members represented by Local 715, SEIU, AFL-
CIO, and CLC.
9% Local police members represented by the Palo Alto Peace Officers'
Association.
8. Public Agency, in accordance with Government Code Section 20740, ceased to be an
"employer" for purposes of Section 20759 effective on September 11, 1977.
Accumulated contributions of Public Agency shall be fixed and determined as provided
in Government Code Section 20759, and accumulated contributions thereafter shall be
held by the Board as provided in Government Code Section 20759.
9. Public Agency shallcontribute 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.
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
etnployee and the Board.
This amendment shall be effective on the day of , 19
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
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f CHIEF ACTUARY
F UAR1AL OFFICE
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AMENDMENT
PERS-CON-702A (Rev. 3/95)
CITY COUNCIL
OF THE
CITY OF PALO ALTO
BY ,
Presiding(4er
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Witness Date ,
Attest:
Clerk