HomeMy WebLinkAbout04-008
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Resolr~tiota Nc~
RESOI,U7'ION OF INTENTION TO c1PPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE BOARD OF ADMINISTRATION
CALIFORNIA PUBLIC I;MPLOYI:ES RETIREMENT SYSTEM
AND TIIE BOARD OF SUPERVISORS
COUNTY OF BUTTE
WHEREAS, the Public Employees' 1etirement 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
government 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 charge proposed in said
contract; and
WHEREAS, the following is a statement of the proposed change:
To provide Section 20438 (Probation officers, deputy probation offiicers, assistant
probation officers, juvenile hall employees and persons employed as peace
officers pursuant to Section 830.5 of the Penal Code as "County Peace Officers").
NOW, 'T'HEREFORE, 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 AND ADOPTED by the Butte County Board of Supervisors this 27"' day of January
2004 by the following vote:
AYES: Supervisors Dolan, Houx, Josiassen, Yamaguchi and Chair Beeler
NOES: None
ABSEN'T': None
NO'T' VO'T'ING: None ;
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ATTEST:
PAUL MCINTOSH, Chief Administrative Officer
And Clerk of the Board of Supervisors
R. 1. HEELER, Chair
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By: ,
Deputy
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 20438 {Probation officers, deputy
probation officers, assistant probation officers, juvenile hall
employees and persons employed as peace officers
pursuant to Section 830.5 of the Penal Code as "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.
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Presiding Officer
~~ ~ ~ ~~~~ Title
Date adopted and approved
(Amendment)
CON-302 (Rev. 4196}
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CaIPERS
EXHIBIT
California
Public Employees' Retirement System
AMENDMENT TO C~1~TTR,ACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
Board of Supervisors
County of Butte
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, April 1, 2000, May 25, 2002, September 14, 2002 and
March 15, 2003 which provides far 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 cantract 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 Syste~i~ 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 March 15, 2003, 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, 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 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 employees shall not become
members of said Retirement System:
a. ALL HOURLY RATED OR HOURLY BASIS EMPLOYEES HIRED
ON OR AFTER OCTOBER 1, 19&$.
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 reduct!on pr~~ri{;,Irrr"i thc~ein fnr Sen.ice 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% @ age
55 Full and Modified).
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 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% 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, local fire members and
county peace officers 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 May 25, 2002.
Section 21325 (One-Time 3% to 15% Increase For Local
Miscellaneous Members Wha Retired or Died Prior to January 1,
1974). Legislation repealed said Section effective January 1, 2002.
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Section 21326 (One-Time 1 °l° 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).
o. Section 21623.5 ($2,000 Retired Death Benefit).
p. Section 21024 (Military Service Credit as Public Service), Statutes
of 1976 far local sheriffs only.
q. Section 20432.5 (District Attorney Investigators as "Local Sheriff')
r. Section 20438 ("County Peace Officer" shall include probation
officers, deputy and assistant probation officers, juvenile hall
employees, and persons employed as peace officers pursuant to
Section 830.5 of the Penal Code as described in Government Code
Section 20438).
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 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 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
PUBLIC EMPLOYEES' RETIREMEt~T:SYSTEM
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BY A~ ~v,
KENNETH W. MARZION,,,CNtEF
ACTUARIAL & EMPLO..~'ER SERVICES DIVISION
PUBLIC EMPLOYEES'."RETIREMENT SYSTEM
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BOARD OF SUPERVISORS
COUNTY OF BUTTE
BY ,~~> -
PRESIDING OFFICER ;~~,,~`~
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Witness Date~~;
Attest: ~"'~
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Clerk
AMENDMENT ER# 0658
PERS-CON-702A (Rev. 8\02)