CC Resolution 8490
RESOLUTION NO. 8490
RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT
BElWEEN THE BOARD OF ADMINISTRATION
OF THE PUBLIC EMPWYEES' RETIREMENT SYSTEM
AND THE CI1Y COUNCIL OF THE CI1Y OF CAMPBELL
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 20818 (Two Years Additional Service Credit) for local
miscellaneous members and local safety members.
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 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.
PASSED AND ADOPTED this 18th day of May, 1993, by the following roll call vote:
AYES: Councilmembers: Burr, Watson, Ashworth, Dougherty, Conant
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
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Barbara D. Conant, Mayor
ATTEST:
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Anne Bybee, lty Clerk .
,P!IASE DO NOT SIGN "EXHIBIT ONl~
COpy
AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF CAMPBELL
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 February 1, 1962, and witnessed December 11, 1961, and as amended effective
July 1, 1967, January 1, 1968, July 1, 1972, May 1, 1973, July 1, 1973, December 27, 1978, August
3, 1981 and May 8, 1992 which provides for participation of Public Agency in said System, Board and
Public Agency hereby agree as follows:
A. Paragraphs 1 through 13 are hereby stricken from said contract as executed effective May 8,
1992, 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 60 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 February 1, 1962 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. Local Police Officers (herein referred to as local safety members);
c. Employees other than local safety members (herein referred to as local
miscellaneous 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. PERSONS COMPENSATED ON AN HOURLY BASIS.
)tEASE DO NOT SIGN "EXHIBIT ONLY"
5. Assets heretofore accumulated with respect to members in the local retirement system
were transferred to the Public Employees' Retirement System within one year after the
effective date of the contract and applied against the liability for prior service incurred
thereunder.
6. The percentage of final compensation to be provided for local miscellaneous members for
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 prior to March 31, 1973, termination of Social Security, for members whose
service has been included in Federal Social Security (2 % at age 60 Full and Modified).
7. The percentage 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
21252.01 of said Retirement Law (2% at age 50 Full).
8. Public Agency elected to be subject to the following optional provisions:
a. Sections 21380-21387 (1959 Survivor Benefits) excluding Section 21382.2
(Increased 1959 Survivor Benefits) and Section 21382.4 (Third Level of 1959
Survivor Benefits).
b. Sections 21263 and 21263.1 (post-Retirement Survivor Allowance).
c. Section 20930.5 (Uncompensated Elected Official Credit). Repealed December
31, 1978.
d. Section 20024.2 (One-Year Final Compensation) for local safety members only.
e. Section 20500 (Public Agency and its employees have agreed to share the cost
of the following benefit):
Section 20024.2 (One-Year Final Compensation).
From and after August 3, 1981 the safety employees of Public Agency shall be
assessed an additional 2 % of their compensation - for a total contribution rate of
11 % pursuant to Government Code Section 20500.
f. Section 20021.01 ("Local Fire Fighter" shall include any officer or employee of
a fire department employed to perform firefighting, fire prevention, fire training,
hazardous materials, emergency medical services, or fire or arson investigation
services as described in Government Code Section 20021.01).
g. Section 20818 (fwo-Years Additional Service Credit).
9. Public Agency, in accordance with Government Code Section 20740, ceased to be an
"employer" for purposes of Section 20759 effective on December 27, 1978.
Accumulated contributions of Public Agency shall be fixed and determined as provided
in Government Code Section 20759, and accumulated contributions thereafter shall be
held by the Board as provided in Government Code Section 20759.
10. Public Agency shall contribute to said Retirement System the contributions determined
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
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BOARD~F ADMINISTRATION
PUBLIC ~PLOYEES' RETIREMENT SYSTEM
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BY "b
CHIEF, CO~CT SERVICES DIVISION
PUBLIC EMP~EES' RETIREMENT SYSTEM
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PERS-CON-702 (AMENDMENT)
(Rev. 1/92)
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CITY CO~L
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CITY OF C PBELL
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Presiding ~cer
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