HomeMy WebLinkAbout38311
2
3
4
5
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Ordinance No . 3831
AN ORDINANCE OF THE COUNTY OF BUTTE
An Ordinance of the Board of Supervisors of the County of
Butte authorizing an amendment to the contract between the Board
of Supervisors of the County of Butte and the Board of
Administration of the California. Public Employees' Retirement
System.
The Board of Supervisors of the County of Butte does ordain
las follows:
Section 1. That an amendment to the contract between the
(Board of Supervisors of the County of Butte and the Board of
Administration, California Public Employees' Retirement System
is hereby authorized, a copy of said amendment being attached
hereto, marked Exhibit, and by such reference made a part hereof
as though herein set out in full.
Section 2. The Chair of the Board of Supervisors of the
County of Butte is hereby authorized, empowered, and directed to
execute said amendment for and on behalf of said Agency.
Section 3. 'This Ordinance shall take effect immediately
pursuant to Section 25123(e) of the Government Code of the State
of California; and prior to the expiration of 15 days from the
passage thereof shall be published at least once in the Chaco
Enterprise-Record, a newspaper of general circulation published
1
2
3
4
5
5
7
8
9
10
11
12
13
1~
15
16
17
18
19
20
21
22
23
24
2S
and circulated in the County of Butte and therencefarth and
thereafter the same shall be in full force and effect.
PASSED AND ADOPTED by the Board of Supervisors of the
County of Butte this 10th day of September 2002, by
the following vote:
AYES: Supex-visors Beeler, Dolan, Hoax, Yamaguchi and Chair Josiassen
NOES : None
ABSENT : None
NOT VOTING: None
C OSTASSEN,
Chair of the Board of Supervisors
ATTEST:
Paul E. McIntosh, Clerk of the
Board of Supervisors
B
. ~ ,,
Ca1PERS
EXHIBIT
California
Public Employees' Retirement System
AM[E1VIDM[El\TT TO COIV~'RACT
Between the
Board of Adm~nist~ation
Ca~~o~nia Pubic Em~~oyees' Ret~en~ent Systegra
and t~.e
Board of Su~e~viso~s
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, 19fi 1, 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, 19$0, November 22, 1980, December 14, 1985, August
22, 1987, September 1, 1990, April 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 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 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 Sys#em subject to all
provisions of the Public Employees' Retirement ~.aw except such as apply only on
election of a contracting agency and are not provided for in this contract and to ail
amendments to said Law hereafter enacted except those, which by express provisions
thereof, apply only on the election of a contracting agency."
PLEASE DO N~~ ~ SIGN "EXHlBlT ONLY"
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. AIE words and terms used herein which are defned 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
Sys#em 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 shalt not become
members of said Retirement System:
a. ALL HOURLY RATED OR HOURLY BASIS EMPLOYEES H1RED
ON OR AFTER OCTOBER 4, 19G$,
5. The percentage of fiinal 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% at age 55
Full and Modified).
PLEASE DO NOT SIGN "EXHIBIT ONLY"
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 ofl:tcer 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% 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 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 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 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.
~.. .
PLEASE DO NOT SIGN "EXHIBIT ONLY"
Section 21325 (One-Time 3% to 15% Increase For Loca!
miscellaneous Members Who Retired or Died Prior to January 1,
1974}. Legislation repealed said Section effective January 1, 2002.
j. 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 sheriffs 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 for local sheriffs only.
9. Public Agency, in accordance with Govemment 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 Gavernment Code Section 20834,
and accumulated cantribu#ions thereafter shall be held by the Board as
provided in Govemment 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 fi0 days of date of contract to saver 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 accoun# 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. Contributians 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 contribu ' ns required of any employee may be made by direct
payments betty the employee and the Board.
B. This amendment s~~e effective on the day of ,
. Q7
BOARD OF ADMINISTION BOARD OF SUPERVISORS
PUBLIC EMPLOYE, RETIREMENT SYSTEM COUNTY OF BUTTE
C?~
BY ~\
KENNETH ARZION, CHIEF
ACTUA EMPLOYER SERVICES DIVISION
PUBLI PLOYEES' RETIREMENT SYSTEM
~~
~~
Q\~
,~
BY
PRESIDING OFFIC
`~
~~~~
~~
Witness Q~
Atte t'~~
Q~
~~
Q~ lerk
AMENDMENT
PERS-CON-702A (Rev. 8196y