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HomeMy WebLinkAbout02-068Resolution No. 02-068 RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE BOARD OF SUPERVISORS COUNTY OF BUTTE 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 local sheriff category with Section 21362.2 (3% @ 50 Modified formula), Section 20432 {"Local Sheriff' shall include any officer or employee of a sheriff's office as described in Government Code Section 20432}, Section 20042 {One-Year Final Compensation), Section 20965 (Credit for Unused Sick Leave), Section 21024 (Military Service Credit as Public Service), Section 21548 {Pre-Retirement Optional Settlement 2 Death Benefit), Section 21623.5 {$2,000 Retired Death Benefit} for local sheriff members; and Section 21623.5 ($2,000 Retired Death Benefit) and Section 21548 (Pre-Retirement Optional Settlement 2 Death Benefit} for local fire members and county peace officers. 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. By: ~_`1 -~P"resi ing Officer CHA~4 C;i AC::. R(J !;!,`»I,~VIb:,TIPS Title Date adopted and approved (Amendment) CON-302 (Rev. 4196} ~~~ Ca1PERS EXHIBIT California Public Employees' Retirement System ANIEP~TID:1R7:l~TT'd'(3 C'i)N'~'1~ACT 8~~~~ ~~ ~1~1r~Il~~~~~a~~~®~n ~~~~~®~~a~ ~P~~11~~ ~~~p~~y~e~91I~~~~~~s~~~~ ~~~~~~ ~~~ ~~~ ~~~~~~ ®iF ~a~~~~ The Board of Rdministration, 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 April 1, 1945, and witnessed February 26, 1945, and as amended effective October 1, 1947, December 1, 1951, July 1, 1956, November 1, 1956, November 1, 1959, September 8, 1960, October 1, 1960, October 1, 1961, September 16, 1964, October 1, 1968, August 25, 1973, October 1, 1973, November 1, 1974, January 24, 1976, April 17, 1976, October 30, 1976, January 1, 1980, November 22, 1980, December 14, 1985, August 22, 1987, September 1, 1990 and April 1, 2000 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: Pursuant to Government Code sections 20460.1, 20469.1, subdivision (b), and 71624, this contract is hereby amended to add the Trial Court of Butte County, hereinafter referred to as Trial Gourt, as a contracting party. Trial Court shall participate in the Public Employees' Retirement System from and after the implementation date of the Trial Court Employment Protection and Governance Act pursuant to the terms and conditions of this contract, making its employees 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 in this contract 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." ~ i A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective April 1, 2000, 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 far local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after April 1, 1945 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. County Peace Qfficers (included as local safety members); c. Employees other than local safety members (herein referred to as local miscellaneous members); d. Local Sheriffs (included as local safety 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. ALL HOURLY RATED OR HOURLY BASIS EMPLOYEES HIRED ON OR AFTER OCTOBER 1, 1968. 5. 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, 1956, the effective date of Social Security coverage, for members whose service has been included in Federal Social Security (2°lo at age 55 Full and Modified). ~ L t-i v it t~ ll I''i l,.j FF+'~ C ,'fl t~ ~ ' ~ ~ ~ l.~ ` ; ~_~, ~J 1 ~.V i 4 . 6. The percentage of final compensation to be provided for each year of credited prior and current service as a local fire member and as a county peace officer member shall be determined in accordance with Section 21362 of said Retirement Law subject to the reduction provided therein for Federal Social Security (2% at age 50 Modified). 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local sheriff member shall be determined in accordance with Section 21362.2 of said Retirement Law subject to the reduction provided therein for Federal Social Security (3% at age 50 Modified). 8. Public Agency elected and elects to be subject to the following optional provisions: a. Section 20437 ("County Peace Officer" shall include constables, deputy constables, marshals and deputy marshals as described in Government Code Section 20437). b. Section 21222.1 (One-Time 5°lo Increase - 1970). Legislation repealed said Section effective January 1, 1980. c. Section 21222.2 (One-Time 5°lo Increase - 1971). Legislation repealed said Section effective January 1, 1980. d. Section 21024 (Military Service Credit as Public Service}, Statutes of 1974 for local miscellaneous members and local safety members only. e. Section 20439 ("County Peace Officer" shall include county jail, detention or correctional facility employees as described in Government Code Section 20439). f. Section 20440 ("County Peace Officer" shall include bailiffs as described in Government Code Section 20440). g. Section 21319 (One-Time 15°lo Increase for Local Miscellaneous Members Who Retired or Died Prior to July 1, 1971). Legislation repealed said Section effective January 1, 2002. h. Section 20436 ("County Peace Officer" shall include employees of a sheriffs office who were employed to perform identification or communication duties on August 4, 1972 and who elected to be local safety members) on and until the effective date of this amendment to contract. ,, YY Section 21325 (One-Time 3°to to 15°lo Increase For Local miscellaneous Members Who Retired ar Died Prior to January 1, 1974). Legislation repealed said Section effective January 1, 2002. Section 21326 (One-Time 1 % to 7°lo Increase For Local miscellaneous Members Who Retired or Died Prior to July 1, 1974). Legislation repealed said Section effective January 1, 2002. k. Section 20042 (One-Year Final Compensation). Section 20965 (Credit for Unused Sick Leave}. m. Section 20432 ("Local Sheriff' shall include any officer or employee of a sheriff's office as described in Government Code Section 20432). n. Section 21548 (Pre-Retirement Optional Settlement 2 Death Benefit) for local sheriffs and local safety members only. o. Section 21623.5 ($2,000 Retired Death Benefit) for local safety members and local sheriffs only. p. Section 21024 (Military Service Credit as Public Service), Statutes of 1976 for local sheriffs only. 9. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on January 24, 1976. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Cade 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. 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 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. 13. Contributions required of Public Agency and its employees shall be paid by Public Rgency 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 contributi©r~s is paid for any period, proper adjustment shall be made in connecti~i with subsequent remittances. Adjustments on accaunt of errors if:j~ontributions required of any employee may be made by direct paymeti#s between the employee and the Board. B. This amendment shall be effective on the day of , ~~ BOARD OF AD1dIINISTRATION BOARD OF SUPERVISORS PUBLIC EMPLOYEES' RETIREMENT SYSTEM COUNTY OF BU~~ BY KENNETH W. MARZION, CHIEF ACTUARIAL & EMPLOYER SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM ,~ti `~4 /~ti TM4 ... BY ,~~; PRESIDIN-.t~,OFFICER :~.~r i.; J ~'. _- . ., 1~r~ess Date .~ ;~:~4ttest: ~. , ,; Clerk AMENDMENT PERS-CON-702A (Rev. 8\96) CALIFORNIA PUBLIC Eh _OYEES' RETIREMENT SYSTEI4 Actuarial and Employer Services Division Public Rgency Contract Services P.O. Box 942709 Sacramento, CA 94229-2709 . (916) 326-3420 - - ~ ~ ~ ~ ' ' CERTIFICATION OF GOVERNING BODY'S ACTION I hereby certify that the foregoing is a true and correct copy of a Resolution adapted by the Board of Supervisors (governing body} County of Butte of the (public agency) On April 23, 2002 (date} Cler Secretary ~ Assistant Clerk of the Board of Supervisors Title PERS-CON-12 (rev. 1/96) CALIFORNIA PUBLIC E .'LOYEES' RETIREMENT SYSTE. Actuarial and Employer Services Division Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229-2709 (916) 326-3420 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 andlor the increase in retirement benefit{s} have been made public at a public meeting of the Board of Supervisors of the (governing body) Countv of Butte {public agency) on April 23 , 2002 which is at least two weeks prior to the adoption of the (date} Resolution /Ordinance. Cler Secretary Assistant Clerk of the Board of Supervisors Title Date April 29, 2002 PERS-CON-12A (rev. 1/96)