81-033 Public Employees Retirement System - Cooperative Service Agreement Resos: 5695, 5759, 8165 and 8195STATE OF CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
1416 NINTH STREET, P.O. BOX 1953
SACRAMENTO, CALIFORNIA 95809
Telephone (916) 445-6570
March 24, 1981
Ms. Barbara K. Brown
Assistant to the City Manager
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Dear Ms. Brown:
I ,
o -
P EDMUND G. BROWN JR., Governor
Reply to Contracts Division
Employer Code #0691
We are enclosing two copies of Resolution of Intention (Form 122) to amend your
agency's contract as follows:
To provide Section 20614 (Statutes of 1980; to prospectively revoke
Section 20614, Statutes of 1978).
Form CON -12, Certification of Governing Body's Action, Form CON -12A, Certifica-
tion of Compliance With Government Code Section 7507, and Form CON -15, Certi-
fication of Employee Election, are also enclosed.
The enclosed Form CON -11, Sample Ordinance is intended to be used as a guide
only and is included to allow you sufficient time to prepare your Ordinance for
a first and final reading. The Resolution of Intention and accompanying docu-
ments should not be held pending final reading of the Ordinance.
We are enclosing sample ballots for your employees' elections. The name of the
public agency must appear on each ballot. Your attention is called to Section
20461.5 of the Government Code which requires an election by secret ballot
among the employees affected whenever an agency amends its contract to provide
a benefit which changes the employees' rate of contribution.
Your attention is directed to paragraph 4 of the attached Exhibit. This
paragraph has been added to reflect Government Code Section 20336 which
provides for the exclusion of temporary and/or seasonal employees.
Chapter 941, Statutes of 1977 (Section 7507, Government Code), requires your
governing body to make public the cost implications of the proposed contract
amendment at least two weeks prior to the authorization of increased retirement
benefits. When forwarding the executed Resolution of Intention documents,
please include the enclosed Form CON -12A, Certification of Compliance With
Government Code Section 7507. This must be completed to verify that the
requirements for publication of costs have been met.
The facts that you must make public are:
The rate for your agency without this optional benefit would be 14.978%. Your
new rate is 10.539%, thus the change in cost of the optional benefit -is 4.439%,
(14.978 -10-539%). Apply these percentages to the most current payroll
figures for the next 12 months to compute the dollar amount. This percentage
decrease will apply to all member payrolls covered by this benefit, until the
year 2000. These are the cost figures which can be made public at the time the
Resolution of Intention is adopted. Please note that the figures are subject
to change in the future with any change in actuarial data.
As soon as we receive one executed copy of the Resolution of Intention (with
attached exhibits), Certification of Governing Body's Action (Form CON -12),
Certification of Compliance With Government Code Section 7507 (Form CON -12.A),
and any other required forms, we will forward additional copies of the amend-
ment and the documents necessary to complete your governing body's final
action. That final action will require an affirmative vote of the majority of
your governing body and must be deferred for at least twenty days_ -after the
adoption of the Resolution of Intention.
In summary, the following documents must be returned to. this office before we
can forward final documents to you: (original signatures are required on all
of these documents)
"1. One executed copy of the Resolution of Intention (with attached
Exhibits), original or certified copy.
2. Certification of Governing Body's Action (Form CON -12), original or
certified copy.
3. Certification of Compliance With Government Code Section 7507
(Form CON -12A), original or certified copy.
4. Certification of Employee Election (Form CON -15)•
Effective date of the amendment cannot be earlier than the beginning of a
payroll period following the effective date of the final action of your
governing body.
If you have any questions regarding this letter or the enclosed material,
please do not hesitate to contact us.
Yours truly,
&Ic,%) H.
Ellen H. Baltezore, Chief
Contracts Division
EHB:mlm
Enclosures
cc: San Francisco Area Office
AMENDMENT TO CONTRACT RPmWEEN THE
BOARD OF t+i'>MMSTRPmTON
PUBLIC FMPLOYEEV RE`f'IR.EMENT SYSTEM
AND THE
CTTY COUNCIL
OF THE
CITY OF CUPFPTTNO
The ?95oard of A.drmf-nistration, Public Employees' Retirement System, herein-
after referred to as Board, .and the governing body of above public agency,
hereinafter referred to as Public Agency, having entered into a contract tinder
date of July 10, 1967, effective August 16, 196", and as amended effective June
1, 1973, March 1, 1974, December 22, 1976, end December 18, 1978, 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 str-_eken from said contract as executed
effective December 18, 1975, and hereby replaced by the following pars -
graphs 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 otheLvise specifically provided. "Normal retirement age" shall
mean age 60 for Local miscellaneous and Cage 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 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 etre not provided for herein and
to all amendments to said Law hereafter enacted except such as by
express provisions thereof apply only on the election of cantraeti_n
agencies.
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
Firemen (herein referred to as
local safety members);
b.
Local
Policemen (herein referred to
r:s local safety members);
C. Employees other than local safety members (he;-ein referred to as
.Local miscellaneous members).
Tn addition to the clashes of employees eax by
said Retirement Law, the following classes of employees sliall not
become members of said Retirement System:
N4���Ter�'�l;tIONs
4. After March 1', 1974 and prior to Janunry 1 , 1975 those members who
were hired by Public Agency on a temporary and/or sea.sonRl basis not
to exceed 6 months were excluded from "FPS membership by contract.
Government Code Section 20336 supersedes this contract provision by
providing that any such tempow^ary acid/or seasona.l employees are
excluded from PERS membership subsequent to JRnunry 1, 1975.
5. ".T.e fraction of f4nAI compensation to be provided for each yens of
credited prior and current service as a locRI miscellaneous member
d -+,—r ned in accordance with Section 21251.1' of slid
P'�ti.Aprnent limes 30ject to the reduction provided therein for Federal
`io^tai Sn,7urity (Modified 21 at rage 60).
F, "'be fraction of final compensation to be provided for each year of
credited prior and current service n..s n local safety member shall be
determined in nccordence with Section 21252.1 subject to the reduction
for. Federal Social Security no provided. in Section 21251.45 of said
Retirement Lnw (Modified one-half pay at age 55).
7. The following additional provi.si.ons of the Public Employees' Retire-
ment Law which ripply only upon election of s contracting agency shall
apply to the Public Agency and its employee.ss
a. Section 21222.1 (Special 51 increase - 1970).
b. Section 20862.8 (Unused Pick leave credit).
C. Section 20614 (Statutes of 1978; reduction of normal member
contribution rFite). From and after December. 18, 1979 the normal
member contribution rate shall be g 1/2° for miscellaneous
members.
d. Section 20614 (Statutes of 1980; to prospectively revoke: Section
20614, Statutes of 1978). Employer paid employee contributions
into employees' Account.
9. Public Agency, in raccordpnce with ecti.on 20740, Government Code,
ceased to be. an "employer" for purposes of Chnpter 6 of the Publi.e
Employees' Retirement Law effective on December 22, 1976. Accumulated
contributions of N blic Agency as of the aforementioned date shs..11 be
fixed and determined as provided in Section .2.0759, Government Code,
and accumulated contributions ms of the aforementioned date and
contributions therehfter made shall be held by the Ponrd as provided
in Section 20759, Government Code.
9. Public Agency shall contribute to said Retirement System as follows.
S With respect to miscellaneous members, �J,E, agc77,icv 1.; ,•.)n -
tribute the following percentr-iges of *.. r,'.' ? 1 : a ; —ed as
miscellaneous members ow,
(1) 0.982 percent until June ?0, 1090 on o;' t.,he
liability for prior service benefits.
(2) ?.557 p:r. ## t on account of the liability for current
service
b. A reasonable amount per nnnum, ^s fixed by the Board to cover the
costs of administering said System as it afferts the employees of
Public Agency, not including the costs of special valuations or
of the periodic investigation and valuations required by 1&w.
c. A reasonable amount rs fixed by the Board, payable in one install -
6— Ise occasions nrise, to cover the costs of speci.al valuse-
i�.:« ;f :_t.pl;apes of Pubiic Agency, .and costs of the
N,.rizccfic irive>stipt tion and valuations require;d_ by law.
16. :cequir.ed of Public Agency ^nd its employees shall be
subject to adjustment by Board on account of amend.xnen+s to the Public
FsrployeFs' Retirprent Law, and on gccount of the experience under the
Retirement System as determined by the periodic investigation. and
vsluation required by said Retirement Law.
11. Contributions required of Public AFency .and its employees shall be
paid by Public Agency to the Retirement System within thirty days
after the end of the period to which said contributions refer or as
me,y ba prescribed by Board repil.ation. Tf more or less than the
correct amount of contributions is paid for any period, proper
adjustment shall_ be made in connection with. subsequent remittances, or
adjustments on account of errors in contributions required of aAY
employee mp.y be made by direct cash payments between the employee and
the Board. Payments by Public Agency to Board may be made in the form
of w9 -rants, bank checks, bank. drafts, certified checks, money orders
or cash.
B. 'his Fmendmrnt shall be attached to s?id contract And sbpll be effective on
the -- 17th day of June , 198L
Witness our hands the 21st dray of May , 1 n 8L
BOARD Off' AWTNTSTRATTON CITY COUNCT.L
PIBLTC F!IPLOYFFS' RETTRFITNT SYSTEP4 OF THE
CITY OF CUPERTTNO
s
A
P,Y 2 l?y
Carl J.P. chirTepr, Fxejhtive Officer Presiding Offic
MAYOR
Approved as to form:
Cy thin. G. Re emer Legal. Office, Date
Attest:
/t/2:;�
Clerk
PrRS CON -702
BOARD CF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
P.O. BOX 1953
SACRAMENTO, CALIFORNIA 95809
PERS-CON-6 (Rev. 8/81)
CONTRACT
CITY OF CUPERTINO
WITH THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM
FOR MAKING AN ACTUARIAL VALUATION AS STATED HEREIN
By this AGREEMENT made this 17th day of September , 19 81 , in
accordance with and subject to the provisions of the Public Employees' Retirement Law by
and between the Governing Body of the above Public Agency, hereinafter referred to as Agency,
and tole Public Employees' Retirement System, hereinafter referred to as System, Agency and
System agree as follows:
A. Agency herewith retains the services of System to perform the valuation(s) required by
Section 20461.1 of the Public Employees' Retirement Law for the purpose of determination
by the Board of Administration of the Public Employees' Retirement System of the contri-
butions to be made by Agency under Agency's contract with said Board if the benefits
under said contract are supplemented by a combination of benefits shown as one of the
vertical columns on attached Exhibit A. The fee for each combination of new benefits
is shows at the bottom of the respective column. '
B. Agency will pay $ 203.00 to System upon completion of the actuarial valuation, such
fee being based on the number of employees (both active and those leaving contributions
on deposit) included in the valuation and the membership categories and different
combinations of new benefits involved.
C. Any and all data and information requested by System from Agency for use in compilation
of this valuation shall be furnished to System by Agency upon request by System. The
actuarial tables and procedures to be used in the valuation shall be in accordance with
the tables approved by said Board of Administration. System shall have sole control of
the valuation and its judgment in the determination thereof shall be final and conclu-
sive. All work sheets and final results and reports, the product of the valuation,
shall be and remain the property of the System.
Witness our hands the day and year first above written.
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY 'OF CUPERTINO
FOR 2T
CARL J. BLECHINGER, EXECUTIVE OFFICER
BY
SIDN Y C. cCAUSLAND, DEPUTY EXE
Amendment Valuation
VE OFFICER
B
ASSISTANT TO HE CXY 14ANAGER
TITLE
DATE*, September 8, 1981 EXHIBIT A
PROPOSED BENEFIT FORMULA
1. 2% @ 55 (Full) (Section 21252.6)
2. 2% @ 55 (Modified) (Section 21252.6)
3. 2°% @ 50 (Full) (Section 21252.01)
4. 2% @ 50 (Modified) Sections 21252.01 & 21252.45)
5. Miscellaneous: 2% @ 60 F IT,T.* (Section 21251.12)
PROPOSED OPTIONAL BENEFITS)
1. One Year Final Compensation (Section 20024.2)
2. Unused Sick Leave Credit (0.250% increase in
miscellaneous and/or safety rate) (Section
20862.8)
3. Military Service Credit (1.000% increase in
miscellaneous rate and 2.000% increase in
safety rate) (Section 20930.3)
4. Industrial Disability Retirement for Miscellaneous
(0.500% increase in miscellaneous rate)
(Section 21022.1)
5. Post-retirement Survivor Benefit (Sections
21263/21263.1)
6. Non -industrial Disability Retirement Allowances
(up to 50% of Final Compensation) (Section 21298)
7. 1959 Survivor Benefit (1.000% increase in miscel-
laneous rate and 0.500% increase in safety rate)
(Sections 21380 through 21388)
8_ 25% Increase in 1959 Survivor Benefit
(Section 21382.2 pursuant to 11390)
9. Other(s):
*Due to Social Security termination.
FEE (PER COLUMN)
TOTAL FEE:-� 203.00
MISCELLANEOUS MEMBERS
13
n
COOPERATIVE SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this /7 th day of 4�N �'e , , 1981,
by and between the cities of Saratoga, Mountain View, and Cuperti o.
W I T N E S S E T H
WHEREAS, each of the parties hereto are agencies engaged in providing public
services; and
WHEREAS, the parties desire to cooperate with one another in the purchase
and provision of employee benefits in order to affect economies and more effi-
ciently and effectively provide said benefits and services;
NOW, THEREFORE, the parties hereto agree as follows:
1. The managers of the public agencies will from time to time formulate and
revise plans whereby the agencies may collectively bid and purchase employee
benefit programs for one or more of the agencies (referred to as "cooperating
agency").
2. Cooperating agencies' purchase of services and programs shall be subject
to the contractual approval of each individual cooperating agency.
3. The bid and purchase of services by cooperating agency is not a pooling
of liability or experience. These shall be obligations of the individual cooperat-
ing agency.
4. Cooperating agencies shall initially purchase long-term disability
insurance, and may add additional programs and services as may subsequently be
agreed to by cooperating agencies and submitted as amendments to this agreement.
5. Additional parties may be added as cooperating agencies upon the written
approval of all cooperating agencies participating in this agreement.
6. This agreement shall be effective for three years, and may be extended
with the approval of cooperating agencies.
7. For purposes of this Agreement, the representatives for administration
of the Agreement shall be the City Manager or his designee.
8. Any cooperating agency may withdraw from this Agreement upon giving
thirty days' written notice to other cooperating agencies and the companies/groups
providing benefits/services the withdrawing agency is participating in. With-
drawal of any agency shall not negate the continuing cooperation under this
Agreement by remaining cooperating agencies.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date
above written.
APPRO AS T FORM: MAY R: Cj TY OF -'MOUNTAIN IEW
MAYOR: CIq OF CUPERTINO ATTEST: CITY CL K
XTTEST:, CITY CL44-3;7
R LJ /y
60/615-16
APPROVED AS TO FORM
CITY ATTORNEY
RECEIVED
°�, AJG 7 f981 a
n° r? z z� tZ
i,
RESOLUTION NO. 5695
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
RESCINDING RESOLUTION NO. 5499 AND AUTHORIZING EXECUTION
OF A COOPERATIVE SERVICES AGREEMENT
WHEREAS, the City of Cuppartino desires to cooperative with other public
service agencies in the purchase and provision of employee benefits in order
to affect economies and more efficiently and effectively provide said benefits
and services; and
WHEREAS, a Cooperative Services Agreement has been prepared and presented
to City Council; and
WHEREAS, it is of benefit to the City of Cupertino and in the best public
interest to join together with other parties to establish this Agreement;
NOW, THEREFORE, be it resolved that the City Council of the City of Cupertino
hereby rescinds Resolution No. 5499 and authorizes the Mayor and the City Clerk to
execute the Cooperative Services Agreement for the purchase and provision of employee
benefits.
PASSED AND ADOPTED at a regular meeting of the City. Council of the City of
Cupertino this 17t -h day of August , 1981 by the .following vote:
Vote Members of the City Council
AYES: Gatto, Johnson, Plungy, Rogers, Sparks
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/ Dorothy Cornelius
City Clerk
/s/ Reed Sparks
Mayor, City of Cupertino I�IN
THIS 15 TO CE:pTIFY THAT 'r» -R ECT COPY,
C
INSTRUMENT STRUENT IS ATnlE AND -1 -1
V FILE IN THIS OFFICE2
❑F THE ORIGINAL D /
ATTEST
CITY LERK C TH CITY OF GURERTINOI
CITY LEF' �e�
r
RESOLUTION NO. 5695
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
RESCINDING RESOLUTION NO. 5499 AND AUTHORIZING EXECUTION
OF A COOPERATIVE SERVICES AGREEMENT
WHEREAS, the City of Cuppartino desires to cooperative with other public
service agencies in the purchase and provision of employee benefits in order
to affect economies and more efficiently and effectively provide said benefits
and services; and
WHEREAS, a Cooperative Services Agreement has been prepared and presented
to City Council; and
WHEREAS, it is of benefit to the City of Cupertino and in the best public
interest to join together with other parties to establish this Agreement;
NOW, THEREFORE, be it resolved that the City Council of the City of Cupertino
hereby rescinds Resolution No. 5499 and authorizes the Mayor and the City Clerk to
execute the Cooperative Services Agreement for the purchase and provision of employee
benefits.
PASSED AND ADOPTED at a regular meeting of the City. Council of the City of
Cupertino this 17t -h day of August , 1981 by the .following vote:
Vote Members of the City Council
AYES: Gatto, Johnson, Plungy, Rogers, Sparks
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s/ Dorothy Cornelius
City Clerk
/s/ Reed Sparks
Mayor, City of Cupertino I�IN
THIS 15 TO CE:pTIFY THAT 'r» -R ECT COPY,
C
INSTRUMENT STRUENT IS ATnlE AND -1 -1
V FILE IN THIS OFFICE2
❑F THE ORIGINAL D /
ATTEST
CITY LERK C TH CITY OF GURERTINOI
CITY LEF' �e�
10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 252-4505
OFFICE OF THE CITY MANAGER
November 18, 1981
it'4 Of C14PCr )i0
Jesse Rodriguez, Representative
Operating Engineers Union Local No. 3
Cupertino, California
SOCIAL SECURITY PROGRAM
P.O. Box 580
Cupertino, California 95015
This letter is intended to confirm that the City and the Public Works
Unit employees have agreed to modify the Memorandum of Understanding
to reflect the—following disbursement of the monies the City would
have otherwise paid to the social security program for the period
between December 30, 1981 and June 30, 1982.
1.. The City will purchase five times annual salary term
life insurance to replace the social security survivor's
benefit.
2. The PERS contract will be amended so that the highest single
year of employment will be used to calculate retirement
benefits.
3. Administrative costs will be paid by the City from funds
that would have otherwise been paid to social security.
4. A three and a half percent (3 1/2%) salary increase will be
effective December 30, 1981.
If this letter also reflects your understanding of our agreement to modify
the Memorandum of Understanding between the City of Cupertino and the
Public Works Unit, which terminates June 30, 1982, please sign the bottom
of this letter and return it to me by Wednesday, December 2, 1981.
arbara K. Brtiwn- erating Engineers Union L 1 N
Assistant t�the City Manager epresentative
cc: Mr. Steve Dunkin
Operating Engineers Local Union No. 3
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10300 Torre Avenue Cupertino, California 95014 (408) 252-4505
SUMMARY
AGENDA ITEM NUMBER
SUBJECT AND ISSUE
SOCIAL SECURITY BENEFIT REPLACEMENT
BACKGROUND
AGENDA DATE December 7, 1981
City employees voted overwhelmingly to withdraw from the social security system
effective December 30, 1981. For the past several weeks we have been meeting
and conferring with the four bargaining units regarding the replacement programs
for social security. The City Council indicated that the employee's total com-
pensation would remain the same as approved by the City Council on July 1, 1981.
Attached you will find letters of agreement signed by representatives of each
bargaining unit agreeing to the replacement program. The terms of the agreements
are identical for the Miscellaneous Unit, Confidential Unit and Management Unit
but differ for the Operating Engineers Union Local No. 3 employees.
STAFF RECOMMENDATION
It is the staff recommendation that the City Council adopt Resolution No. 5778
adopting the letters of agreement as amendments to the Memoranda of Understanding
and employees' compensation programs currently in effect and scheduled to terminate
on June 30, 1982.
fBKB.cs APPROVED FOR SUBMISSION
attachments HE CITY COUNCIL
Robert W. Quinlan, City Manager
10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 252-4505
OFFICE OF THE CITY MANAGER
November 18, 1981
Citi ,,If %CWpery"("�
Steve Sano, Representative
Cupertino Employees' Association
Cupertino, California
SOCIAL SECURITY PROGRAM
P.O. Box 580
Cupertino, California 95015
This letter is intended to confirm that the City and the Miscellaneous employees
have agreed to modify the Memorandum of Understanding to reflect the,.follow
ing disbursement of the monies the City would have otherwise paid to the social
security program for the period between December 30, 1981 and June 30, 1982.
1. The City will purchase five times annual salary term life insurance
to replace the social security survivor's benefit.
2. The PERS contract will be amended so that the highest single year of
employment will be used to calculate retirement benefits.
3. Administrative costs will be paid by the City from the funds which
otherwise would have been paid to social security.
4. The remainder of the monies the City would otherwise have paid to
social security for the period between December 30, 1981 and June 30,
1982 will be paid monthly into each employee's deferred compensation
account on a prorated basis in the amount stipulated on the attach-
ment to this letter.
5. Any employee who leaves the City service.�etween December 30, 1981
and June 30, 1982 shall receive no payment -subsequent to their
termination.
6. Any new employee hired between December 30, 1981 and June 30, 1982
will not be entitled to the deferred compensation payments outlined
in this letter.
Steve Santa, Representative
Cupertino Employees' Association
Page two
November 18, 1981
If this letter also reflects your understanding of our agreement to modify
the Memorandum of Understanding between the City of Cupertino and the
Cupertino Employees' Association, which will terminate June 30, 1982, please
sign the bottom of this letter and return it to me by Wednesday, December 2,
1981.
Barbara K. Bro
Assistant toe City Manager
C&
Cupertino Employees' Association
Representative
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10300 Torre Avenue
Cupertino, California 95014
Telephone: (408) 252-4505
OFFICE OF THE CITY MANAGER
November 18, 1981
Robert W. Quinlan, Representative
Management Unit
Cupertino, California
SOCIAL SECURITY PROGRAM
P.O. Box 580
Cupertino, California 95015
This letter is intended to confirm that the City and the Management Unit
employees have agreed to modify the compensation program to reflect the
following disbursement of the monies the City would have otherwise paid
to the social security program for the period between December 30, 1981
and June 30, 1982.
1. The City will purchase five times annual salary term life
insurance to replace the social security survivor's benefit.
2. The PERS contract will be amended so that the highest single
year of employment will be used to calculate retirement benefits.
3. Administrative costs will be paid by the City from the funds
which otherwise would have been paid to social security.
4. The remainder of the monies the City would otherwise have paid
to social security for the period between December 30, 1981 and
June 30, 1982 will be paid monthly into each employee's deferred
compensation account on a prorated basis in the amount stipulated
on the attachment to this letter.
5. Any employee who leaves the City service between December 30, 1981
and June 30, 1982 shall receive no payment subsequent to their
termination.
6. Any new employee hired between December 30, 1981 and June 30, 1982
will not be entitled to the deferred compensation payments outlined
in this letter.
Robert W. Quinlan, Representative
Management Unit
Page two
November 18, 1981
If this letter also reflects your understanding of our agreement to modify
the compensation program between the City of Cupertino and the Management
Unit, which will terminate June 30, 1982, please sign the bottom of this
letter and return it to me by Wednesday, December 2, 1981.
„Barbara K. -Br6w6
Assistant toy"City Manager
Management Unit
Representative
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10300 Torre Avenue
Cupertino, California 95014
Telephone: (408)252-4505
DEPARTMENT OF THE CITY CLERK
December 14, 1981
Cite of Cupertip w
Attention: Ellen H. Baltezore, Chief Contracts Division
State of California, Board of Administration
Public Employees' Retirement System
1416 Ninth Street, P. 0. Box 1953
Sacramento, California 95809
Employers Code 0691
Dear Ms. Baltezore:
P.O. Box 580
Cupertino, California 95015
We are enclosing to you as requested two(2) certified copies of Resolution No.
5757, which was enacted by the City Council of the City of Cupertino, at their
regular meeting of November 16, 1981.
Attached to each Resolution that has been fully executed are the following forms:
1. Form 122 - Resolution of Intention.
2. Form CON -12, Certificate of Governing Body's Action.
3. Form CON -12A, Certification of Compliance with Government Code Section 7507.
On December 7, 1981 the City Council of the City of Cupertino enacted Ordinance No.
1147, Authorizing An Amendment to the Contract Between the City Council of Cupertino
and the Board of Administration of the California Public Employees' Retirment System,
we are enclosing one (1) certified copy.
After completion by the Board of Administration, Public Employees' Retirement System,
please send the City of Cupertino a final document.
Thank you for your cooperation.
Sincer y
DOROT Y CORNELIU
CITY CLERK
CITY OF CUPERTINO
DC/so
encl.
RESOLUTION NO. 5759
A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES'
RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF CUPER-
TINO
WHEREAS, the Public Employee's 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 legislative 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 for a formula change from 1/2 @ 55
Modified to 1/2 @ 55 Full Formula and a 2% @ 60
Modified to 2% @ 60 Full Formula due to Social
Security termination and to provide Section.20024.2
(One-year final compensation), for local miscel-
laneous members only.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino gives, and it 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 at a regular meeting of the City Council of the City
of Cupertino this 16th day of Novemh r 1981 by the following vote:
Vote Members of the City Council
AYES: Gatto Johnson, Plungy, Rogers, Sparks.
NOES: None
ABSENT: None f- 7 a.:,II.'
ABSTAIN: None
ATTEST: APPROVED: CITY :LER-1 T rf�`IF
/s/ Dorothy Cornelius /s/ ee parks /G "
City Clerk Mayor, City of Cupertino
9
I
RESOLUTION NO. 5759
A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES'
RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF CUPER-
TINO
WHEREAS, the Public Employee's 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 legislative 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 for a formula change from 1/2 @ 55
Modified to 1/2 @ 55 Full Formula and a 2% @ 60
Modified to 2% @ 60 Full Formula due to Social
Security termination and to provide Section.20024.2
(One-year final compensation), for local miscel-
laneous members only.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino gives, and it 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 at a regular meeting of the City Council of the City
of Cupertino this 16th day of Novemh r 1981 by the following vote:
Vote Members of the City Council
AYES: Gatto Johnson, Plungy, Rogers, Sparks.
NOES: None
ABSENT: None f- 7 a.:,II.'
ABSTAIN: None
ATTEST: APPROVED: CITY :LER-1 T rf�`IF
/s/ Dorothy Cornelius /s/ ee parks /G "
City Clerk Mayor, City of Cupertino
RESOLUTION OF T;tTTT7m10N TO APPROVE AN
AbTEND?:ANT TO CO*T"_'RACT BZ-VEFN THE
BOARD OF ADMINISTRATION OF THE
PUBLIC FTTLOYEE'S' RETIRE_'"TENT SYSTEM
A7D T14E
CITY COUNCIL
OF THE
CITY OF CUPERTINO
WITF'RFAS, the Public Employees' Retirement Lad permits the participation of
public agencies and their employees in the Public employees'
Retirement System by ,the execution of a contract, snd 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 procedure to .amend this contract is the
adoption by the leaisintive body of the public agenry of a resolu-
tion 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
'?HFRFAS, the following is a statement of the proposed change:
'^o provide for a formula r;hanpe from 1/2 n 55
7odified to 1/2 1- 5r; Full Formula and a 2d (1) 60
Modified to '21 M 60 Fuli Formula due to Social
Security termination and to provide Section 20024.2
(One-year final compensation), for local miscel-
laneous members only.
NOW, mHER_FrORE, BE IT RF'SOLVED, that the eoveining body of the above agency
gives, and it does hereby give notice of intention to approve an
amendment to the rentra.ct between the acid governing body and the
Board of Administration of the Public Employees' Retirement System,
a copy of said P-Mendment being attached hereto, as an "Exhibit" and
by this reference made a part hereof.
1
rzAM
11A-�
TImL,E
//-/( -�'/
..Date adopted and Ppprot*ed, Ret. Form 122
CERTIFICATION OF GOVERNING BODY'S ACTION
I hereby certify that the foregoing is a true and correct coot'
of a Resolution adopted by the
�p nn
Governing Body)
of t h e -�--
Namelof Public Agency
on
(Dat ) appearing at Page
Volume T of the (Minutes) (Official Records) of the
( o v �er i ng Body)
CITY ERK or
Secretary of the Board
PERS-CON-12 (11!77)
Post Office Box 1953
Sacramento, CA 95509
CERTIFICATION OF COMPLIANCE WITH
GOVERNMENT CODE SECTION 7507
I hereby certify that in accordance with Section 7507 of the Government
Code the future annual costs as determined by the System Actuary nave been
i
made public at a public meeting by the of
governing body)
at least two weeks prior to the adoption
public agency)
of the increase in public retirement plan benefits as provided by Section
Section 20024.2 Final Compensation Average
(optional benefit)
Date: I-?-- In -- F -I
PERS-CON-1 2A (1/80)
GIi
official title
ORDINANCE NO. 1147
AN ORDINANCE. OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY
COUNCIL OF CUPERTINO AND THE BOARD OF ADMINISTRATION OF
THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
SECTION 1. That an amendment to the Contract between the City Council
of the City of Cupertino and the Board of Administration, California Public
Employees' Retirement System is hereby authorized, a copy of said amendment
being attached hereto, marked "Exhibit A", and by such reference made a part
hereof as though herein set out in full.
SECTION 2. The Mayor and the City Clerk of the City of Cupertino
are hereby authorized, empowered, and directed to execute said amendment
for and on behalf of said Agency.
SECTION 3. This Ordinance shall take effect December 29, 1981 and
shall be published at feast once in the Cupertino Courier, a newspaper of
general circulation, published and circulated in the City of Cupertino and
thenceforth and thereafter the same shall,be in full force and effect.
INTRODUCED at a regular meeting of the City Council of the City of
Cupertino this 16th day of November , 1981 and ENACTED at a regular
meeting of the City Council of the City of Cupertino this 7th day of
December 1981 by the following vote:
Vote Members of the City Council
AYES: Gatto, Johnson, Plun
gy, Rogers, Sparks
NOES:
None
ABSENT: None
ABSTAIN:
None
APPROVED:
IS/ Reed Sparks
ATTEST: Mayor, City of Cupertino
` /s/ Dorothy C'ornPlirnc
City Clerk
'n I'l 'T'1 _-TI- - THIN
T ! ,• T;':C1F' AND, CD:. .E_ CT CCITaY
LJ i' "iIIc.; (;I I':II31i "I FILE IN rHiS OFFIC/E.
t l i' I;;•1 E'!':= THr C(l'Y' ❑r C' r_r
TINE]
STATE OF CALIFORNIA—BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
1416 NINTH STREET, N.O. BOX 1953
SACRAMENTO, CALIFORNIA 95809 4
Telephone (916045-6570 Reply to Section 250
Contracts Division
January 27, 1982
Ms. Barbara K. Brown
Assistant to the City Manager
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Dear Ms. Brown:
Agency #691
The amendment to the contract between your agency and the Public Employees'
Retirement System to provide 2% @ 60 Full formula and 1/2 @ 55 Full formula
(both due to Social Security termination effective 12-31-81) and Section
20024.2 (One-year final compensation) for local miscellaneous members only, has
been executed by our office. A copy of the contract as amended is enclosed for
your file. The effective date of this amendment is December 30, 1981.
If I can be of any further assistance, do not hesitate to contact me.
Sincerely,
Karen Krantz
Contracts Division
KK:ddw
Attachment .._....,.
AMENDMENT TO CON°t'RACT BETWEEN THE
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF CUPERTINO
The Board of Administration, Public Employees' Retirement System, herein-
after referred to as Board, and the governing body of above public agency,
hereinafter referred to as Public Agency, having entered into a contract under
date of July 10, 1967, effective August 16, 1967, and as amended effective
June 1, 1973, March 1, 1974, December 22, 1976, December 18, 1978 and June 17,
1981, 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 Junes 17, 1981, and hereby replaced by the following paragraphs
numbered 1 through 11 inclusive;
I. 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 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 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 such as by
express provisions thereof.' ripply only on the election of contracting
agencies.
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 lew or this agreements
a. Local Firemen (herein referred to as local safety members);
b. Local Policemen (herein referred to as local safety members);
C. 'Employees other than local safety members (herein referred to e.e
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 Systems
ILIO ADDITIONAL M. CLUSIONS
4. After March 1, 1974 and prior to January 1, 1075, 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 Coda Section 20336 supersedes this contract provision by
providing that any such temporary and/or seasonal employees are
excluded from PIMS membership subsequent to January 1, 1 q75.
5. The fraction of final compensation to be provided for each year of
credited prior and current service as a. local miscellaneous member
shall be that provided in Section 21251.13 of said Retirement Law with
all service prior to Social Security termination December 31, 1981,
subject to the reduction provided by said section.
6. The fraction 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
(One-half pay at age 55) .
7. The Following additional provisions of the Public Employees' Retire-
ment Law which apply only upon election of a contracting agency shall
apply to the Public Agency and its employees;
a. Section 21222.1 (Special 5% increase - 1970), for local
miscellaneous members only.
b. Section 20862.8 (Unused sick leaves credit), for local
miscellaneous members only.
C. Section 20614 (Statutes of 1978; reduction of normal member
contribution rate). From and rafter December 18, 1978, the normal
member contribution rate shall be 3.5%, for local miscellaneous
members only.
d. Section 20614 (Statutes of 198,0; to prospPetively revoke Section
20614, Statutes of 1978), for local miscellaneous members only.
e. Section 20024.2 (One-year final compensation), ,for local
miscellaneous members only.
e. Public Agency, in accordance with Section 20740, Government Code,
ceased to be an "employer" for purposes of Chapter 6 of the Public
Employees' Retirement Law effective on December 22, 1976. Accumulated
contributions of Public Agency as of the aforementioned date shall be
fixed and determined as provided in Section 20753, Government Code,
and accumulated contributions as of the aforementioned date and
contributions thereafter made shall be held by the Hoard as provided
in Section 20759, Government Code.
9. Public Agency shall contribute to said Retirement System as follows:
A* With respect to miscellaneous members, the agency shall con-
tribute the following percentages of monthly salaries earned as
miscellaneous members of said Retirement System:
(11 1.011 percent until June 30, 1990 on account of the
liability for prior service benefits.
(2) 10.877 percent on account of the liability for current
service benefits.
b. With respect to local safety members, the agency shall contribute
the following percentages of monthly salaries earned as local
safety members of said. Retirement `system:
(1) -0- percent on account of the liability for current ser,.ra,ce
benefits.
C. A reasonable amount per annum, Ps fixed by the Board 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.
d. A reasonable amount as fixed by the Board, payable in one install-
ment as the occasions arise, to cover the costs of special valua-
tions 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 OmPloyees shall be
subject to adjustment by Board On account of amendments to the Public
Pmployees' 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 thirty 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, or
adjustments on account of errors in contributions required of any
employee may be made by direct cash payments between the employee and
the Board. Payments by Public Agency to Board may be made in the form
of warrants, bank checks, bank drafts, certified checks, money orders
or cash.
B. This amendment shall be attached to said contract and shall be effective on
the 30th d sy of December 1q81
Witness our hands the day of
BOARD OF ADMINISTRATION CITY COUNCIL
PU13LIC WLOY`RES' R-VTIRE",NT SYSTEM or TUE
CITY OF MPFM.TIff0
BY n
Bl� V Lt- —
Carl F06hinger, F lve Officer' rl
_�rvsln
g Off-,
_V
Approved q -s to form:
Attest:
A
1,yyhie "(;: _V4emeLegal Office, —D-a—te41— k::
C •LI.ONMI♦
.PERS
Health Benefit Services Division
P.O. Box 942714
Sacramento, CA 94229-2714
(Telecommunication Device for the Deaf (916) 326-3240)
(916)
326-3599
August 17, 1990
Mary E. Reasoner
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Dear Ms. Reasoner
The resolution which was passed by
the employer's contribution toward
employee or annuitant as designated
board and approved on July 6, 1990
Agency Code: 0691
your Your City Council to fix
health benefits, for each
below, was filed with our
CODE BARGAINING UNIT MONTHLY CONTRIBUTION
01 -Management $297.00
02 -Confidential 297.00
03 -Miscellaneous 267.00
The new contribution schedule will become effective September 1,
1990 and will apply against the September premium for both active
and retired employees. This effective date may differ from the
dates reflected in the resolution because Chapter 1, Article 5
22825.6 of the Public employees' Medical and Hospital Care Act
states, in part:
"the resolution shall be filed with the board and the
contribution fixed by the legislative body of the contracting
agency shall be effective on the first day of the second
month following the month in which the resolution is received
in the office of the board." (emphasis added).
The monthly pre -list for the September 1990 coverage period will
reflect the new contribution schedule.
Sincerely,
Diana Davies
Public Agency Coordinator
C171i
California Public Employees' Retirement System
Lincoln Plaza -400 P Street -Sacramento, CA
eo PERS
Health Benefit Services Division
P.O. Box 942714
Sacramento, CA 94229-2714
Telecommunication Device for the Deaf (916) 326-3240
(916)
326-3599
September 19, 1990
Agency Code: 0691
Mary E. Reasoner
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Dear Ms. Reasoner:
SEP 2 4 1999
The resolution which was passed by your Your City Council to fix
the employer's contribution toward health benefits, as designated
below, was filed with our board and approved on July 6, 1990
CODE BARGAINING UNIT Employers' Contribution
01 -Management $297.00
02 -Confidential 297.00
03 -Miscellaneous 267.00
04 -Public Works 317.86
The new contribution schedule will become effective October 1,
1990 and will apply against the October premium for both active
and retired employees. This effective date may differ from the
dates reflected in the resolution because Chapter 1, Article 5
22825.6 of the Public employees' Medical and Hospital Care Act
states, in part:
"the resolution shall be filed with the board and the
contribution fixed by the legislative body of the contracting
agency shall be effective on the first day of the second
month following the month in which the resolution is received
in the office of the board." (emphasis added).
The monthly pre -list for the October 1990 coverage period will
reflect the new contribution schedule.
Sincerely,
Ui&a Davieses
Public Y
A enc ordinator
g
California Public Employees' Retirement System
Lincoln Plaza -400 P Street -Sacramento, CA
RESOLUTION No. 8165
A RESOLMON OF TBE CITY COUNCIL OF THE CITY OF CUPERT NO
FIXING THE EMPLOYER'S CONTRIBUTION UNDER THE MEYERS-
GEDDES STATE EMpM EES MEDICAL AND HOSPITAL CARE ACT
WHEREAS, the Government code Section 22825.6 provides
local agency contracting under the Meyers -Geddes
Medical and Hospital Care Act shall fix the amount of the
employer's contribution at an amount not less than the amount
required under Section 22825 of the Act; and
WMEAS, the City of Cupertino is a local agency contracting
under the Act;
NOW, THEREFORE, BE IT RESOLVED that the employer's
contribution for each employee/annuitant shall be the amount
necessary to pay the cost of his/her enrollment, including the
enrollment of his/her family members, in a health benefit Plan or
plans, up to a maximrnmn of
Code Barg1 Unit Cost Per Month
01 Management $297.00
02 Confidential $297.00
03 Miscellaneous $267.00
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Cupertino this 2nd day
Of July , 1990 by
the following vote:
AYES:
NOES: Goldman, Koppel, Sorensen, Szabo, Rogers
ABSENT: None
ABSTAIN: None
APPROVED:
/s/ Barbara A. Rogers
Mayor, City of Cupertino
/s/ Dorothy Cornelius
City Clerk
RESOLUTION NO. 8195
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUPERTINO
FDCIIQG THE EMPLOYER'S CONTRIBUTION UNDER THE MEYERS-
GEDDES STATE EMPIDYEFS MEDICAL AND HOSPITAL CARE ACT
WHEREAS, the Goverrmient code Section 22825.6 provides that a
local agency contracting under the Meyers -Geddes State Employees'
Medical and Hospital Care Act shall fix the amount of the
employer's contribution at an amount not less than the amount
required under Section 22825 of the Act; and
WHEREAS, the City of Cupertino is a local agency contracting
under the Act;
NOW, THEREFORE, BE IT RESOLVED that the employer's
contribution for each employee/annuitant shall be the amount
necessary to pay the cost of his/her enrollment, including the
enrollment of his/her family members, in a health benefit plan or
plans, up to a maximum. of
Code Bargaining Unit
Cost Per Month
04 Public Works $317.86
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Cupertino this 6th day of August 1990 by
the following vote:
AYES: Koppel, Szabo, Rogers
NOES: None
ABSENT: Goldman, Sorensen
ABSTAIN: None
/s/ Dorothy Cornelius
City Clerk
/s/ Barbara A. Rogers
Mayor, City of Cupertino
ORDINANCE NO. 1565
AN ORDINANCE OF THE CITY CaRCIL OF THE CITY OF CUPERTINO
AUITIORIZINS-iEit iW TO THE CCINTRACT BETWEENTHE
CITY COUNCIL OF THE CITY OF CUPERTINCI AND THE BOARD OF AU4INIMWICN
OF T11E CALIFORNIA PUBLIC Ei •RETIREMENT SYSTEM.
THE CITY COUNCIL OF THE CITY OF CUPERTTNO DOES ORDAIN AS F-ALOWS:
Section 1.
That an amendment to the Contract between the City Council of the City
Of Cupertino and the Board of Administration, California public Employees,
Retirement System is hereby authorized, a copy of said amendment being
attached hereto, marked "Exhibit A", and by such reference made a part
hereof as though herein set out in full.
Section 2.
The Mayor of the City of Cupertino is hereby authorized, aTmered,
and directed to execute Bald amendment for and on behalf of said Agency.
Section 3.
This Ordinance shall take effect thirty (30) days after the date of
its adoption, and prior to the expiration of fifteen (15) days from the
passage thereof shall be published at least once in the Cupertino Courier,
a newspaper of general circulation published and circulated in the City of
Cupertino and thenceforth and thereafter the same shall be in full force
and effect.
INTRODUM at a regular meeting of the City Council of the City of
Cupertino this 15th day of July , 1991, and ENACTED at a
ria' meting of the City Council of the City of Cupertino this 20th
day of _August , 1991, by the following vote:
Vote Members of the City Council
AYES: Goldman, Rogers, Acting Mayor Sorensen
NOES: None
ABSENT: Szabo, Koppel
ABSTAIN: None
ATTEST: APPROVED:
/s/ Dorothy Cornelius /s/ Lauralee Sorensen
City Clerk Mayor, City of Cupertino
Acting
s�
AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION `f/C
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF CUPERTINO 0,
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 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 and December 30,
1981, 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 December
30, 1981, 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 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 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).
"EXHIB
ITA"
oIr -
'�4s�"V
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:
NO ADDITIONAL 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. Government Code Section 20336
supersedes this contract provision by providing that any such temporary and/or seasonal
employees are excluded from PERS membership subsequent to January 1, 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 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).
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 provided therein for Federal
Social Security (One-half pay at age 55 Modified).
8. Public Agency elected 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.
b. Section 20862.8 (Credit for Unused Sick Leave) 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 effective September 29, 1980.
d. Section 20614, Statutes of 1980, (To Prospectively Revoke 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 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
by actuarial valuations 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 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 tive on
19
BOARD OF ADMINISTRATI
PUBLIC EMPLOYEES' PA
NT SYSTEM
9
BY
CHIEF, C CT SERVICES DIVISION
PUBLIC LOYEES' RETIREMENT SYSTEM
Q
PERS-CON-702 (AMENDMENT)
the
CITY COUNCIL i
OF THE
CITY OF CUPERTINQ)
BY
Presidingc r
C.�
h
Witness Daten
Attest: -0
Clerk
4.
day of
O wL.I. w Mtw
SEP 17 1991
Field Services Division/Employer Services Unit
P.O. Box 942710
Sacramento, CA 94229-2710
Telecommunications Device for the Deaf - (916) 326-3240
(916) 326-3797
Employer Code: 0691
September 12, 1991
Carol Zauss
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Dear Ms. Zauss:
Your agency amended its PERS contract to include the following
benefit:
2% @ 55 Full and Modified formula (from 2% @ 60 Full and
Modified formula) for local miscellaneous members
effective, September 19, 1991. In addition, your agency
has extended the current service funding period to 2011.
Enclosed are 3 revised copies of your agency's Coverage Key to
replace the ones currently in your PERS Procedures Manual.
The benefit is in effect as of the date specified above. The
employer contribution rate will not be adjusted to reflect the
benefit until July 1, 1993.
Please feel free to contact me if you have questions.
KK: car
Enclosures
Sincerely,
G�
Karen Krantz
Retirement Specialist
Employer Services Unit
California Public Employees' Retirement System
Lincoln Plaza - 400 P Street - Sacramento, CA 95814
Field Services Division
Employer Services Unit
P.O. Box 942710
Sacramento, CA 94229-2710
(916) 326-3635
1.0 EMPLOYER CODE 0691 CUPERTINO
CITY
OF
PAGE 1
COUNTY OF : SANTA CLARA
OPTIONAL BENEFITS:
8.1 1959 SURVIVOR NO
8.3 SICK LEAVE CREDIT 12-22-76
8.5 CONTD EMPL PAST AGE 70 01-01-84
8.6 1 YR FINAL COMP 12-30-81
10.0 POSITIONS EXCLUDED FROM PERS MEMBERSHIP
EFFECTIVE DESCRIPTION
O1-01-75 SPECIAL EXCLUSION - SEE REMARKS
11.0 PERS EXCLUSIONS
EXCLUSION OF TEMPORARY EMPLOYEES CONTINUED UNDER
SEC 20336 SUBSEQUENT TO 1-1-75.
9/12/91
MISC
3.0
COVERAGE GROUP CODE
70002
4.0
COVERAGE SINCE
08-16-67
5.0
SOC SEC COVERAGE:
NO
RETIREMENT COVERAGE:
6.1
FORMULA
2% @ 55 F
6.4
MEMBER CONT RATE
7% ALL
EARNINGS
7.0
EMPLOYER CONT RATE:
9.904
07-01-91
PAGE 1
COUNTY OF : SANTA CLARA
OPTIONAL BENEFITS:
8.1 1959 SURVIVOR NO
8.3 SICK LEAVE CREDIT 12-22-76
8.5 CONTD EMPL PAST AGE 70 01-01-84
8.6 1 YR FINAL COMP 12-30-81
10.0 POSITIONS EXCLUDED FROM PERS MEMBERSHIP
EFFECTIVE DESCRIPTION
O1-01-75 SPECIAL EXCLUSION - SEE REMARKS
11.0 PERS EXCLUSIONS
EXCLUSION OF TEMPORARY EMPLOYEES CONTINUED UNDER
SEC 20336 SUBSEQUENT TO 1-1-75.
9/12/91
Employer Code 0691 COVERAGE KEY page 2
Myy �l' M_ 17�INMl. •
Me .04 ' 9 to, e We) Ch �.
1.0 Employer Code This code identifies your agency.
Local PERS Office This is the PERS office that serves your area.
3.0 Coverage Group (code)
70002 This code identifies an individual as a
miscellaneous member.
4.0 Coverage Since This is the date your agency contracted with
PERS for retirement benefits.
5.0 Social Security NO - This coverage group does not have Social
Coverage Security coverage.
6.1 Formula This is the PERS service retirement formula
applicable to this group.
"F" means the formula is full, that is, it is not
modified because of Social Security coverage.
6.4 Member Contribution
ALL EARNINGS (exclusive of overtime)
Contribution = Rate x Gross Earnings
7.0 Employer Contribution This is your contribution rate expressed as a
percent of the miscellaneous payroll.
8.1 1959 Survivor No - This coverage group is not covered by the
1959 Survivor Benefit.
8.3 Sick Leave Credit Members with unused sick leave at retirement will
receive additional service credit at the rate of
0.004 years for each day of sick leave.
8.5 Continued Employment This requires your agency to permit able
Past Age 70 miscellaneous employees to continue in
employment past age 70.
&ployer Code 0691 COVERAGE FEY Page [
8.6 One Year Final Comp.
10.0 Positions Excluded
from Marbership
11.0 PERS Exclusion
Remarks
M • " k 1a51.JM�� ��
INDWIMMI
Members with this benefit will have their final
compensation calculated using the last (or
highest) twelve consecutive monthly pay rates.
These positions are excluded from PERS coverage by
your agency contract.
These are additional remarks regarding positions
excluded from PERS membership by your agency
contract.
-ALIF-NIA
=PERS
Contract Services Division
P.O. Box 942709
Sacramento, CA 94229-2709
(916) 326-3420
(916) 326-3240 (Telecommunications
Device for the Deaf)
September 20, 1991
Ms. Mary Reasoner
Personnel Technician
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Dear Ms. Reasoner:
SEP 24 1991 '`I
Reply to Section 220
Public Agency Contract Services
Contract Services Division
Employer Code 0691
The contract amendment has been executed by our office. The effective date of the contract amendment
is September 19, 1991.
If you have any questions, please do not hesitate to contact Barbara Patterson,the Retirement Specialist
who has been assisting your agency with its contract activity at the above address or telephone number.
Sincerely,
Ac4ccu
Darlene Eredia
Public Agency Contract Services
Contract Services Division
Attachment
C0308
(Rev. 11/88)
C
California Public Employees' Retirement System
Lincoln Plaza - 400 P Street - Sacramento, CA 95814
AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' 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 governing body of 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 and December 30,
1981, 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 December
30, 1981, 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 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 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
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:
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
supersedes this contract provision by providing that any such temporary and/or seasonal
employees are excluded from PERS membership subsequent to January 1, 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 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).
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 provided therein for Federal
Social Security (One-half pay at age 55 Modified).
Public Agency elected to be subject to the following optional provisions:
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 Leave) 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 effective September 29, 1980.
d. Section 20614, Statutes of 1980, (To Prospectively Revoke 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 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
by actuarial valuations 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 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
September 19 91
19th
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF THE
CITY OF CUPERTINO
i
BY ��y�L;, ��>�=,, BYZit
CHIEF, CON RACT SERVICES DIVISION l g Officer
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
9/3/91
Witness Date
Attest:
�,` "k
PERS-CON-702 (AMENDMENT)
day of
AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' 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 governing body of 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
and September 19, 1991, 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 September
19, 1991, 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.
2. 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.
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);
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:
NO ADDITIONAL 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. Government Code Section 20336
supersedes this contract provision by providing that any such temporary and/or seasonal
employees are excluded from PERS membership subsequent to January 1, 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 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).
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 provided therein for Federal
Social Security (One-half pay at age 55 Modified).
8. Public Agency elected 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.
b. Section 20862.8 (Credit for Unused Sick Leave) 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 effective September 29, 1980.
d. Section 20614, Statutes of 1980, (To Prospectively Revoke Section 20614,
Statutes of 1978), for local miscellaneous members only.
e. Section 20024.2 (One -Year Final Compensation) for local miscellaneous
members only.
f. Section 20930.3 (Military Service Credit as Public Service), Statutes of 1976 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 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
by actuarial valuations 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 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
19
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
BY
HIEF, CONTRACT SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
PERS-CON-702 (AMENDMENT)
(Rev. 1/92)
the day of
CITY COUNCIL
OF THE
CITY OF CUPERTINO
BY lC C Z CT-
\r --
Presiding Officer
Witness Date
Attest:
Clerk