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Home My WebLink About38201 ,; ~ V ~( ~ a 1 Ordinance No. 38zU 2 3 AN ORDINANCE OF THE COUNTY OF BUTTE 4 5 An Ordinance of the Board of Supervisors of the County of Butte authorizing an amendment to . ~ the contract between the Boazd of Supervisors of the County of Butte and the Baazd of Administrationof 7 the California Public Erployees' Retirement System. ~ The Board of Supervisors of the County of Butte does ordain as follows: 9 Section i . That an amendment to the contract between the Board of Supervisors of the County of 10 Butte and the Board of Administration, California Public Employees' Retirement System is hereby 11 authorized, a copy of said amendment being attached hereto, marked Exhibit, and by such reference made 12 apart hereof as though herein set out in full. 13 Section 2. The Chair ofthe Board of Supervisors is hereby authorized, empowered, and directed 14 to execute said amendment for and on behalf of said Agency. 15 Section 3. This ordinance shall take effect immediately pursuant to Section 25123(e} of the 1G Government Code of the State of California; and prior to the expiration of fifteen (15} days from the 17 passage thereof shall be published at least once in the Chico Enterprise-Record, a newspaper of general 1 ~ circulation published and circulated in the County ofButte and thenceforth and thereafter the same shall 19 be in full force and effect. 20 11 21 // 22 // 23 11 24 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 lb 17 18 19 20 21 22 23 2~ PASSED AND ADOPTED by the Board of Supervisors of the County of Butte this 21st day of May , 2002, by the following vote: AYES: Supexvisors Beelex, Dolan, Roux, Yamaguchi, and Chair Josiassen NOES: None ABSENT: None NOT VOTING: None C SIASSEN, Chair of the Board of Supervisors ATTEST: Paul E. McIntosh, Clerk of the Board of Supervisors i // II 11 11 11 11 1/ ,~ .+". EXHIBIT CalPERS California Public Employees' Retirement System AM[EI0TD1fENT TO COI~ITFtACT 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, 196D, 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, 199D 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 ~b3, and 7'1624, 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." '~~ # .fir ~`u ... ~~.'fi~ - ~ -: t;;;~ `=~A: Paragraphs 1 through 12 are hereby stricken from said contract as executed ".r- - effectirie 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 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 additi~ 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 1,19fi$. 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 #herein for service on and after ,lanuary 1, 1956, the effective date of Social Security coverage, for members whose service has been included in Federal Social Security {2% at age 55 Fufil and Modified). k~ ys T ~~~.~~ ~: 6. The percentage of final compensation to be provided for each year of r~ Y' ~~ . ~~: ~~~ `=- ~- ='credited prior and current service as a local fre member and as a county `'_-'~ ~ ~~'~=~~'~~ ~ ~'~ ease officer member shall be determined in accordance with Section ~' ~~ .-:~ , ~~` 's~ ,•_ ~213fi2 of said Retirement Law subject to the reduction provided therein for ., . = ~;~..ti'~ ; ~ ;,Federal Social Security {2% at age 50 Modified}. . ~~~,•~••_~`~~~~ 7. : . =The` percentage of fnal compensation to be provided for each year of :> r•. .. - ~ `credited prior and current service as a local sheriff member shall be determined in accordance with Section 213fi2.2 of said Retirement Law . subject to the reduction provided therein for 1=ederal.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 Office" shall include constables, deputy constables, marshals and deputy marshals as described in Govemment Code 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% 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 Oicer' shall include county jail, detention or correctional facility employees as described in Govemment Code Section 20439}. f. Section 20440 {"County Peace Officer" shall include bailiffs as ..• ~ . described in Govemment 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 Of#'icer" shall include employees of _ a sheriff's offtce who were employed to pertom~ identi#ication or communication duties vn August 4, 1972 and who elected to be local safety members) on and until the effective date of this amendment to contract. t y_iiSi n 7f .. l , ~ . ,.ai• .~ ~ '~ f .y . ~.a~ .. - ~~i ..~. .: ~~ ~. ~. k. J ' ~ :! ~. ~ . ,,v 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, 2DD2. Section 21326 {Qne-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. 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 sheriffs ofFce as described in Government Code Section . 2{}432}. n. Section 21548 (Pre-Retirement Optional Settlement 2 Death Beneft) for local sheriffs and local safety members only. o. Section 21623.5 ($2,OD0 Retired Death Benefit) for Local safety members and local sheriffs only. p. Section 2'1024 (Military Service Credit as Public Service), Statutes of 1976 for local sher'rFFs 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 ~M ~ 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 #o 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 fried by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on accoun# of employees of Public Agency, and costs of the periodic investigation and valuations required by law. F~;"k ~r~~;~~~ •~ pit s.fi ~ b.Lr~. ;'~` e{ t ,G + - r1 ~!~,"~~' tF # c f~ ~ "r 1 ' ' • . 12: ~~ ~ Contr~butio~is 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 Retif"e`ment~-System as, determined" by' the periodic invesfga#ion~"-and ' . ' ~~ valuation "requ,ired by said Retirement Law: ~ ` ~I3. '' Contiibu#ions required ~of Public Agency and its employees shall be paid • by Pubiic~~Agency to the Retirement System within fifteen days after the end of the period #o which said contributions refer or as may be prescribed _ by ~ Board. regulation.. If more or less than the correct amount of contributions is paid far 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 25th day of Ma zao2 BOARD OF ADMINISTRATION BOARD OF SUPERVISORS PUBLIC EMPLOYEES' RETIREMENT SYSTEM ~~ COUNTY OF BUTTE BY.' - • ~ BY KENNETH W, MARZION, CHIEF ~ I ING OFFICER ACTUARIAL & EMPLOYER SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM MAY Z ~ ~0~2 Witness Date Attest: CI AMENbMEN7 PE#tS-CON-702A (Rev. 5196)