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Home My WebLink About87-099Reso7.~ti,on ]~4, 87-~9 RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF AllMINISTRATION OF THE PU9LTC EMPL OYEES~ RETIREMENT SYSTEM AND THE BOARD OF SUPERVT SO RS OF THE COUNTY OF BUTTE WHEREAS, the Public Emplayeesf 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 procedure 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 saki 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 208b 2.8 {Credit for Unused Sick Leave) for local safety members. NOW, THEREFORE, BE TT RESOLVED that the governing body of the above agency does hereby give notice of intention to approve an amendment to the contract between the said governing body 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. June 16, 1987 {Date adopted and approved) CO302 Ret. Form 122 ~~~~~ ~;~ ~~~~ ~~ AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE BOARD OF SUPERVISORS DF THE COUNTY OF BUTTE C~O~~'l The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of above public agency, herein- after referred to as Public Agency, having entered into a contract effective April 1, 1g~5, and witnessed February 26, 195, and as amended effective October 1, 197, December 1, 1951, July 1, 1956, November 1, 1956, November 1, 1959, September 8, 1860, October 1, 196x, October 1, 1961, September 16, 196, October 1, 1968, August 25, 1973, October 1, 1973, November 1, 197, January 2~, 1976, April 17, 1976, October 30, 1976, January 1, 19$0, November 22, 19$D and December 1~4, 1985, which provides far participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 11 are hereby stricken from said contract as executed effective December 14, 1985, and hereby replaced by the following paragraphs numbered 1 through 11 inclusive: 1. A11 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 60 for local miscellaneous members and age 55 for local safety members . 2. Public Agency shall participate in the Public Employees' Retirement System from and after April 1, 19+5 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 contrac- ting agency. 3. Employees of Public Agency in the following classes shall became members of said Retirement System except such in each such class as are excluded by law or this agreement: a, Local Fire Fighters (herein ref erred to as local safety members); b. County Peace Officers {ine.~uded as local safety members); c. Employees other than local saf ety members {herein ref erred to as local miscellaneous members). ~5 ~~ ~~~ ~~ P~~-~~ ~~ ~~T ~€~~~ ~"~~~f~f~ ~~~Y~r u. Tn 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, 1868. 5. The fraction of final compensation to be provided for local miscel- laneous members for each year of credited prior and current service shall be determined in accordance with Section 21251.73, subject to the reduction provided therein for service on and of ter January 1, 1956 for members whose service has been included in Federal Social Security {2% at age b0 Full and Modified). 6. The fraction of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21252.6 of said Retirement Law subject to the reduction provided therein far Federal Social Security {2~ at age 55 Modified). 7. The following additional provisions of the Public Employees' Retirement Law, which apply only upon election of a contracting agency, shall apply to the Public Agency and its employees: a. Section 20021.6 ("County Peace Officer" shall include any constable, deputy constable, marshal and deputy marshal as described in Government Code Section 20021.6). o. Section 21222.1 (Special 5$ Increase - 1970). Legislation repealed said Section effective January 1, 19$0. c. Section 27222.2 (Special 5~ Increase - 1971). Legislation repealed said Section effect~.ve January 1, 1979. c:. Section 2U93O.3 (Military Service Credit), as defined in Chapter 137, Statutes of 197. e. Section 2002i.g ("County Peace Ot'ficer" shall include county jail, detention or correctional facility employees as described in Government Code Section 20021.g). a'. Section 20021.10 ~"County Peace Officer" shall include bailiffs as described in Government Code Section 20021.10). g. Section 21222.6 (Special, 15~ Increase for Local Miscellaneous Members}. ~~~~tS~ ~4 ~~T ~E~s~ !`~~~i~~[T ~~~ h. Section 20021.5 {"County Peace Officer" shall include any sheriff', officer, employee of a sheriffs office whose function clearly comes within the scope of active law enforcement service, investigator, detective, or person with a comparable title, who is employed in the district attorney's office as described in Government Code Section 20021.5). i. Section 21222.$5 (Special 3~ - 15~ Increase) for or on behalf of those local miscellaneous members who retired or died prior to January 1, 1974. j. Section 21222.86 (Special 1~ - 7~ Increase} for or on behalf of those local miscellaneous members who retired or died prior to July 1, 1874. k. Section 20024.2 (One-Year Final Compensation). 1. Section 20862.8 {Unused Sick Leave Credit}. U. Public Agency, in accordance with Government Code Section 20740, ceased to be an ~~employer'~ for purposes of Section 20759 effective on January 24, 1976. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 2075g, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20759. y. Public Agency shall contribute to said Retirement System as follows: a. With respect to local miscellaneous members, the agency shall contribute the following percentages of salaries earned as members of said Retirement System: (1) 0.094 percent until June 30, 20D0 on account of the liability for prior service benefits. (Subject to annual change.) (2) 8.$67 percent until June 30, 2011 on account of the liability for current service benefits. (Subject to annual change. ) b. With respect to local safety members, the agency shall contribute the following percentages of salaries earned as members of said Retirement System: (1) 0.200 percent until June 30, 2000 on account of the liability for prior service benefits. (Subject to annual change.) {2) 22.137 percent until June 30, 2011 an account of the liability for current service benefits. (subject to annual change . ) c. A reasonable amount, as fixed by the Board, payable in one in- stallment within b0 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, d. A reasonable amount, as fixed by the Board, payable in one in- stallment 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. T0. Contributions required of Pub lie 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. 1'!. Contributions required of Public Agency and its employees shall be paid ny Public Agency to the Retirement System within thirty 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 acoount of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment sha11 be effective on Ata Ust ' 19 87. tsOARD OF ADMINISTRATION Pe~BLIC EMPLOYEES' RE~ENT SYSTEM .~~(,~ ~~ BY ~~ SANDRA LUND ASS T ~:XE CUT.~VE OFFICER BEE T SERVICES ~~~~`'~ the 22nd BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE ~~ ~~~ tiY ~~ Presiding 0~ i r cJ~~~ . ~~~ ., ~~~s s Date ~~~'~Att es t day of Clerk PERS-CON-702 (AMENDMENT} {Rev. Q/$b)