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CC Resolution No. 99-341RESOLUTION NO. 99-341 A RESOLUTION Of THE CITY COUNCIL OF THE CiTY OF CUPERTINO PROVIDING NOTICE OF AN INTENT TO APPROVE AN AMENDMENT TO A CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF CUPERTINO 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 21573 (Third Level of 1959 Survivor Benefits) for local miscellaneous members only. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino does hereby give notice of intention to approve an amendment to the contract between the City of Cupertino 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. VOTE MEMBERS OFTHE CITY COUNCIL AYES: NOES: ABSENT: ABSTAIN: BURNETT, CHANG, JAMES, STATTON, DEAN NONE NONE NONE ATTEST: APPROVED: City Clerk Mayor, City o~upertino CalPERS California Public Employees' Retirement System EXHIBIT AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of Cupertino 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 August 16, 1967, and witnessed July 10, 1967, and as amended effective June 1, 1973, March 1, 1974, December 22, 1976, December 18, 1978, June 17, 1981, December 30, 1981, September 19, 1991 and January 7, 1993 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: Paragraphs 1 through 13 are hereby stricken from said contract as executed effective January 7, 1993, and hereby replaced by the following paragraphs numbered 1 through 13 inclusive: 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 and age 55 for local safety members. Public Agency shall participate in the Public Employees' Retirement System from and after August 16, 1967 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. Employees of Public Agency in the following classes shall become members of said I~etirement System except such in each such class as are excluded by law or this agreement: Local Fire Fighters (herein referred to as local safety members); Local Police Officers (herein referred to as local safety members); Employees other than local safety members (herein referred to as local miscellaneous members). 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: NO ADDITIONAL EXCLUSIONS 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. Government Code Section 20336 superseded this contract provision by providing that any such temporary and/or seasonal employees are excluded from PERS membership subsequent to January 1, 1975. Legislation repealed and replaced said Section with Government Code Section 20305 effective July 1, 1975. 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 21354 of said Retirement Law, subject to the reduction provided therein for service prior to December 31, 1981, termination of Social Security, for members whose service has been included in Federal Social Security (2% at age 55 Full and Modified). 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 21366 of said Retirement Law subject to the reduction provided therein for Federal Social Security (One-half pay at age 55 Modified). Public Agency elected and elects to be subject to the following, optional provisions: Section 21222.1 (Special 5% Increase-1970) for local miscellaneous members only. Legislation repealed said Section effective January 1, 1980. Section 20965 (Credit for Unused Sick Leave) for local miscellaneous members only. o 10. PLEASE DO NOT SIGN 'EXHIBIT ONLY' 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 effective September 29, 1980. Section 20690, Statutes of 1980, (To.Prospectively Revoke Section 20614, Statutes of 1978), for local miscellaneous members only. Section 20042 (One-Year Final Compensation) for local miscellaneous members only. Section 21024 (Military Service Credit as Public Service), Statutes of 1976 for local miscellaneous members only. Section 21573 (Third Level of 1959 Survivor Benefits) for local miscellaneous members o. nly. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on December 22, 1976. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 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: Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 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. 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. 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 __ day of ,19 BOARD OF ADMINIS.T, RATION ~,~ CITY COUNCIL PUBLIC EMPLOYEES RETIREMENT,~i~STEM CITY OF CUPERTINO ,.~ ~ BY KENNETH W. MARZlON, C~~ PRESIDING OFFICER ~' ACTUARIAL & EMPLOYE~RVlCE8 DIVISION PUBLIC EMPLOYEES' ~REMENT SYSTEM Clerk AMENDMENT PERS-CON-702A (Rev. 8L96)