HomeMy WebLinkAbout90-121Y 1 73: ~ r: r
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Resolution No. 9o-iai
RESOLUTION OF INTENTION
TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
BOARD OF SUPERVISORS OF THE 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 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 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 2% @ 50 Modified formula (from 2% @ 55 Modified
formula) for local safety members.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
of the County of Butte 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 Publio 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 24th day of July, 1990, by the following vote:
6
-2-
AYES: Supervisors Dolan, Fulton, McInturf, Vercruse and
Chairman McLaughlin
NOES: None
ABSENT: None
NOT VOTING: None
~C
Chairman Ed McLau Lin
ATTEST:
WILLIAM H. RANDO , Chief Administrative Officer
an Clerk of t e Board of Supervisors
By:
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AST To coNTRACT
~~~ THE
BOARD OF AbMINISTRATION
DF THE
PIIBLIC ffi~1PY',OYEE5' RETIREMENT SXSTEM
ANA THE
BOARD OF SIIPERVISORS
OF THE
COIINTY OF BU'1'PE
The Board of Administration, Public Employees' Retirement System, hereinafter
referred to as Board, and the governing body of 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, 14fi1,
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, 198D,
November 22, 1980, December 14, 1985 and August 22, 1987, which provides for
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 August 22, 1987, and hereby replaced by the fallowing paragraphs
numbered 1 through 12 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 64 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 axe 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).
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4. In addition to the classes of employees excluded from membership by
said Retirement Law, the following classes of employees shall not
became members of said Retirement System:
a. ALL HOURI,X RATED OR HOIIRLY BASIS IIrIPLOYEES
HIRED ON OR AFTER OCTOBER 1, 1968.
5. The percentage of final compensation to be provided for local miscel-
- laneous members far each year of credited prior and current service
,~ shall be determined in accordance with Section 21251.13 of said
Retirement Law, subject to the reduction provided therein for service
h on and after January 1, 1956, the effective date of Social Security
coverage for members whose service has been included in Federal Social
Security (22 at age 60 Full and Modified).
~ 6. The percentage of final compensation to be provided for each year of
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" credited prior and current service as a local safety member shall be
determined in accordance with Section 21252.01 of said Retirement Law
~ subject to the reduction provided therein for Federal Social Security
(2$ at age 50 Modified).
7. Public Agency elected to be subject to the following optional
provisions:
a. Section 20021.6 ("County Peace Officer" shall include
constables, deputy constables, marshals and deputy marshals as
described in Government Code Section 20021.6}.
b. Section 22222.1 (Special 5~ Increase - 1970). Legislation
repealed said Section effective January 1, 198D.
c. Section 21222.2 (Special 5$ Increase - 1971). Legislation
repealed said Section effective January 1, 1980.
d. Section 2D930.3 (Military Service Credit as Public Service ),
.Statutes of 197A.
e. Section 20021.9 ("County Peace Officer" shall include county
jail, detention or correctional facility employees as described
in Government Code Section 20021.9).
f. Section 20021,10 ("County Peace Officer" shall include bailiffs
as described in Government Code Section 2DD21.10}.
g. Section 21222.6 (Special 15.8 Increase far Local Miscellaneous
Members).
h. Section 20021.5 ("County Peace Officer" shall include employees
of a sheriff's office who were employed to perform identification
or communication duties on August ~, 1972 and who elected to be
local safety members).
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i. Section 21222.85 (special 3$ - 15a Yncrease) far 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, 1974,
k. Section 20024.2 (One-Year Final Compensation).
1. Section 20862.8 (Credit for Unused Sick Leave).
8. Public Agency, in accordance with Government Code Section 20740,
ceased to be an "employer" for purposes of Section 20759 effective an
January 24, 1976. Accumulated contributions of Public Agency shall be
fixed and determined as provided in Government Cade Section 20759, and
accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20759.
g. 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.
10. Public Agency shall also contribute to said Retirement System as
follows:
a. A reasonable amount, as fixed by the Board, payable in one in-
stallment 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 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.
ll. 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.
~'.E~,AS~ ~~ ~~~' SiG~ "~~HtB~T C~~i~.Y".
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12. 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 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
1$
BOARD OF ADMINISTRATION ~~
FUBLIC EMPLOYEES' RETIREMENT 5M
~~
~~.
BY "~
CHTEF, CONTRACT SER~ S DIVISION
PUBLIC EMFLOYEES'~~TIREMENT SYSTErS
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PERS-CON-742 (AMENDMENT}
(Rev. 6/88}
day of
BOARD OF SUPERVISORS
OF THE
COUNTX OF BUTTE
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BY _ „~
Presiding Officer~~
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Witness Aate ~'ti,
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Attest: ~`~a
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Cler