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Home My WebLink About04-046 CC Resolution I RESOLUTION NO. 04-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA OF INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BEnNEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) AND THE CITY COUNCIL OF THE CITY OF TEMECULA. 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 them selves 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 21354.4 (2.5% @ 55 Full formula) for local Miscellaneous members. I NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Temecula does hereby give notice of intention to approve an amendment to the contract between said public agency and the Board of Administration of the Public Employees' System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 20th day of April, 2004 ATTEST: I R:/Resos 2004/Resos 04-46 I I I STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ) ss ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 04-46 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 20th day of April, 2004 by the following vote: AYES: 3 NOES: 0 ABSENT: 2 ABSTAIN: 0 COUNCILMEMBERS: Comerchero, Stone, Washington COUNCILMEMBERS: None COUNCILMEMBERS: Roberts, Naggar COUNCILMEMBERS: None R:/Resos 2004/Resos 04-46 I I I Â CalPERS EXHIBIT California Public Employees' Retirement System . AMENDMENT TO CONTRACT California Between the Board of Administration Public Employees' Retirement and the City Council City of Temecula System . 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 December 1, 1990, and witnessed November 8, 1990, and as amended effective October 25, 1997 and August 24, 2002 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 10 are hereby stricken from said contract as executed effective August 24, 2002, and hereby replaced by the following paragraphs numbered 1 through 11 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. 2. Public Agency shall participate in the Public Employees' Retirement System from and after December 1, 1990 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. I I I PLEASE DO NOT SIGN "EXHIO¡r ON:"Y" 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. 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. SAFETY EMPLOYEES. 5. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment before and not on or after the effective date of this amendment to contract shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). 6. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment on or after the effective date of this amendment to contract shall be determined in accordance with Section 21354.4 of said Retirement Law (2.5% at age 55 Full). 7. Public Agency elected and elects to be subject to the following optional provisions: a. Section 20042 (One-Year Final Compensation). b. Sections 21624 and 21626 (Post-Retirement Survivor Allowance). Section 21574 (Fourth Level of 1959 Survivor Benefits). c. d. Section 21024 (Military SerVice Credit as Public Service), Statutes of 1976. 8. 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 of said Retirement System. 9. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members. I I I b. 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. c. 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. 10. 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. 11. 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 eff~ive on the - day of N ~ BOARD OF ADMINISTRATION ~ CITY COUNCIL -. PUBLIC EMPLOYEES' RETIREr~~H SYSTEM CITY OF TEMECULA ~ ~ 0 ~ !:::: BY ~ BY ~ KENNETH W. MARZION, C PRESIDING OFFI ACTUARIAL & EMPLOYERjERVICES DIVISION ~ PUBLIC EMPLOYEES' RE~EMENT SYSTEM ~ q (j /-.... è;J J? Witness Date /-.... 0 4? Q Attest: 0 ,'f1;¡ Q 1..'1 ¡"Z- C<) -~1 ' ',-..¡ Clerk' AMENDMENT ER# 1522 Q.. PERS-CON-702A (Rev. 8\02) '-'