HomeMy WebLinkAbout02-138Resolution tvo. U2-133
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 Section 21548 (Pre-Retirement Optional
Settlement 2 Death Benefit) and Section 21623.5 ($2,000
Retired Death Benefit) 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.
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` Presiding Officer
Chairman, Board of ~upervisor~
Title
Date adapted and approved
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CaIPERS
EXHIBIT
California
Public Employees' Retirement System
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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 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, Rpril 1, 2000 and May 25, 2002 which provides for
participation of Public Agency in said System, Board and Public Agency hereby agree
as follows:
Pursuant to Government Cade 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 Court, 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."
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A. Paragraphs 1 through 13 are hereby stricken from said contract as executed
effective May 25, 2002, 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.
2. Public Agency shall participate in the Public Employees' Retirement
System from and after April 1, 1945 making its employees as hereinafter
provided, i~nembers 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 fallowing 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 Officers {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 emplayees 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°!o at age 55
Full and Modified).
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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 far
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 canstables,
deputy constables, marshals and deputy marshals as described in
Government Cade Section 20437).
b. Section 21222.1 (One-Time 5% Increase - 1970). Legislation
repealed said Section effective January 1, 1980.
c. Section 21222.2 (One-Time 5°l° Increase - 1971). Legislation
repealed said Sectian 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% 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.
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Section 21325 (One-Time 3% to 15% Increase For Local
miscellaneous Members Who Retired or Died Prior to January 1,
1974). Legislation repealed said Section effective January 1, 2002.
Section 21326 (One-Time 1 % to 7% 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).
o. Sectian 21623.5 ($2,000 Retired Death Benefit).
p. Section 21024 (Military Service Credit as Public Service), Statutes
of 1976 for local sheriffs only.
9. Public Agency, in accordance with Government Cade 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 Code Section 20834,
and accumulated contributions thereafter shall be held by the Board as
provided in Government Code Sectian 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 Rgency, 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 Rgency 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 em~oyee and the Board.
B. This amendment shall be ef~e~~e on the day of ,
BOARD OF ADMINISTRATIO ''~7 BOARD OF SUPERVISORS
PUBLIC EMPLOYEES' RE~~~MENT SYSTEM COUNTY OF BUTTE „~
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BY ~~ BY ~'
KENNETH W. M ~ ON, CHIEF PRESIDING OFFIC
ACTUARIAL c~~~IPLOYER SERVICES DIVISION ~~~C.
PUBLIC EN~P~~YEES' RETIREMENT SYSTEM ~~~~
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Clerk
AMENDMENT
PERS-CON-702A (Rev. 8196)
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 GOVERNING BODY'S ACTION
! hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the
Board of Supervisors
of the
(governing body)
County of Butte
(public agency}
on August 13, 2001
(date)
Cle ISecretaty
i-
Assistant Clerk of. the Board
Title
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PERS-GON-12 (rev. 1196)
CALIFORNIA PUBLIC IPLOYEES' RETIREMENT SYST
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
(governing body)
County of Butte
of the
(public agency)
on August 13, 2002
(date)
Resolution 1 Ordinance.
which is at least two weeks prior to the adoption of the
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Cle Secretary
r ,
Assistant Clerk of the Board
Title
Date ~ j O ~.
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PERS-CON-12A (rev. 1t96}