CC Resolution No. 8457
REOOIJJTION 00. 8457
A RESOIDTION OF THE CITY CXXJNCIL OF THE CITY OF aJPERTINJ
STATIN:> IN'lENTICN 'IO APPRO\lE AN J\MENIJoIENT 'IO crN.IRACT
BE'lWEEN THE OCI!\RD OF ArMINIS'mATICN OF THE PUBLIC EMPIDYEES'
RETIRI!MENT SYS'lEM AND THE CITY CXXJNCIL OF THE CITY OF CUPERTIOO
WHEREAS, the Public ÐIployees' Retirement laW permits the
participation of public agencies and their euployees in the Public
ÐIployees' Retiranent System by the execution of a exmtract, and sets
forth the procedure by which said public agencies may elect to subject
themselves and their euployees to aIœI1dIœnts to said laW; am
WHEREAS, one of the steps in the procedures to amend this exmtract is
the adoption by the c;pverning body of the public agency of a resolution
giving notice of its intention to awrove an aIœI1dIœnt to said exmtract,
which resolution shall exmtain a SUITI'IIaJ:Y of the changes proposed in said
cxmtract; and
WHEREAS, the fOllowing is a statement of the proposed change:
'lb provide 2% @ 55 Full and !btified foDl1llla (£ran 2% @ 60 Full
and !btified foDl1llla) for local miscellaneous meubers am an
extension of the funding period to the year 2011.
~, 'IHEREFORE, BE IT RESOLVED that the City Council of the City of
CUpertino d::Jes hereby give notice of intention to awrove an aIœI1dIœnt to
the cxmtract bebNeen the City Council of the City of CUpertino and the
Board of 1\dministration of the Public ÐIployees' Retirement System, a ropy
of said aIœI1dIœnt being attached. hereto, as an "Exhibit" and by this
reference made a part hereof.
PASSED AND AiJJI:" .11!aJ at
City of CUpertino this
following vote:
vote Menbers of the Citv Council
a regular meeting of the City Council of the
1 'ith day of ,Tnly , 1991, by the
AYES:
N:ES:
ABSENT:
ABSTAIN:
Goldman, Rogers, Sorensen, Szabo, Koppel
None
None
None
ATlEST:
APPROVED:
/s/ Roberta A. Wolfe
City Clerk, Deputy
/s/ Barb Koppel
Mayor, City of CUpertino
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AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPWYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF CUPERTINO
The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board,
and the goyerning body of above public agency, hereinafter referred to as Public Agency, haying entered
into a contract effective August 16, 1967, and witnessed July 10, 1967, and as amended effectiye June
1, 1973, March 1, 1974, December 22, 1976, December 18, 1978, June 17, 1981 and December 30,
1981, which proyides 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 effectiye December
30, 1981, and hereby replaced by the following paragraphs numbered 1 through 13 inclusiye;
1. All words and terms used herein which are defined in the Public Employees' Retirement
Law shall haye the meaning as defined therein unless otherwise specifically proyided.
"Normal retirement age" shall mean age 55 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 August 16, 1967 making its employees as hereinafter proyided, 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 proyided for herein and to
all amendments to said Law hereafter enacted except those, which by express proyisions
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).
"EXHIBIT A"
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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 ~ßI.
become members of said Retirement System: 'l' O~
'Iy.,
NO ADDmONAL EXCLUSIONS
5. After March 1, 1974 and prior to January 1, 1975, those members who were hired by
Public Agency on a temporary and/or seasonal basis not to exceed 6 months were
excluded from PERS membership by contract. Goyernment Code Section 20336
supersedes this contract proyision by proyiding that any such temporary and/or seasonal
employees are excluded from PERS membership subsequent to January I, 1975.
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 21251.132 of said Retirement Law, subject to the reduction proyided therein for
service prior to December 31, 1981, termination of Social Security, for members whose
service has been includedïn Federal Social Security (2 % at age 55 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
21252.1 of said Retirement Law subject to the reduction proyided therein for Federal
Social Security (One-half pay at age 55 Modified).
8. Public Agency elected to be subject to the following optional proyisions:
a. Section 21222.1 (Special 5% Increase - 1970) for local miscellaneous members
only. Legislation repealed said Section effective January 1, 1980.
b. Section 20862.8 (Credit for Unused Sick Leaye) for local miscellaneous members
only.
c. Section 20614, Statutes of 1978, (Reduction of Normal Member Contribution
Rate). From December 18, 1978 and until June 17, 1981, the normal local
miscellaneous member contribution rate shall be 3.500%. Legislation repealed
said Section effectiye September 29, 1980.
d. Section 20614, Statutes of 1980, (fo Prospectiyely Reyoke Section 20614,
Statutes of 1978), for local miscellaneous members only.
e. Section 20024.2 (One-Year Final Compensation) for local miscellaneous
members only.
9. Public Agency, in accordance with Government Code Section 20740, ceased to be an
"employer" for purposes of Section 20759 effective on December 22, 1976.
Accumulated contributions of Public Agency shall be fixed and determined as proyided
in Goyernment Code Section 20759, and accumulated contributions thereafter shall be
held by the Board as proyided in Government Code Section 20759.
10. Public Agency shaH contribute to said Retirement System the contributions determined
by actuarial yaluations of prior and future service liability with respect to local
miscellaneous 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 coyer the costs of administering said System as it
affects the employees of Public Agency, not including the costs of special
yaluations or of the periodic inyestigation and yaluations required by law.
b. A reasonable amount, as fixed by the Board, payable in one installment as the
occasions arise, to coyer the costs of special yaluations on account of employees
of Public Agency, and costs of the periodic inyestigation and yaluations 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 yaluation required by said Retirement Law.
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.
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This amendment shall be ~iYe on the
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BOARD OF ADMINISTRATI~
PUBLIC EMPLOYEES' ~NT SYSTEM
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cr SERVICES DIVISION
LOYEES' RETIREMENT SYSTEM
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BY
CHIEF, C
PUBLIC
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PERS-CON-702 (AMENDMENT)
day of
CITY COUNCIL L..
OF THE ~,
CITY OF CUPERTINqs'
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BY J
Presiding r
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Witness Da~-
iAttest: 8
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Clerk 9
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