02-076 Amendment to CA Public Employees contract (unsigned).~ ;~1
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Actuarial and Employer Services Division `~
Public Agency Contract Services
P.O. Box 942709
Sacramento, CA 94229-2709
(916) 326-3420
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 th~~ System Actuary and/or the increase
in retirement benefit(s) have been made put~lic at a public meeting of the
City Council
(governing body)
of the
City of ,perr;nn
(public agency)
on August 19, 2002 which is at least two weeks prior to the adoption of the
(date)
Resolution /Ordinance.
Clerk/Secretary
_ ~ ~~~
TitlE:
Date Q,~CC,~ o?Co, a00o2
PERS-CON-12A (rev. 1/96)
RESOLUTION NO. 02-147
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO TO
APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD
OF ADMINISTRATION, CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT
SYSTEM AND THE CITY COUNCIL OF THE CITY OF CUPERTINO
WHEREAS, the Public Employees' Retirement Law permits the participation of
public agencies and their employees in the Pubblic 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 employef;s 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 co~itract, 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 21574 (Fourth Level of 1959 Survivor Benefits) and Section 21583 (Additional
Opportunity to Elect 1959 Survivor Benefits) for local miscellaneous members.
NOW, THEREFORE, BE IT RESOL~~ED 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.
PASSED AND ADOPTED at a regular City Council meeting of the City of
Cupertino this 19th day of August, 2002 by th;, following vote:
VOTE
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
/s/ Kimberly Smith
City Clerk
MEMBI=;RS OF THE CITY COUNCIL
Lowenthal, Chang, James, Kwok
None
Sandoval
None
~.PPROVED:
/:;/ Richard Lowenthal
1\Zayor, City of Cupertino
~~.
CaIPERS
~X~l~~IT
California
Public Employees' Retirement System
.~M[ENI~I~[i E:V"g' TO CO_°aTT~BAC"~'
~e>t~een ~lhte
~®~Il~c~ ®~' 1~dLIl~Iliia~IlS~~~~>t®Il~
C~llu~®~Il~a~ ]P~lbllnc ]EIl~~ll®ye~~s' ~e~n~e~n~Il~>t Sys~e~n
~~~ >th~e
C;i~y C®~_ne>tll
The Board of Administration, California P~.ablic 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, January 7, 1993, March Sa, 2000, June 2, 2000 and February 16,
2001 which provides for participation of Public ~~gency 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 February 16, 2001, and hereb~,r 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 shah 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.
. , ,.__
Y~ .~a 3
r
~,
2. Public Agency shall participatE~ in the Public Employees' Retirement
System from and after Augu:~t 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, apf~ly only on the election of a contracting
agency.
3. Employees of Public Agency in the following classes shall become
members of said Retirement System except such in each such class as
are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members);
b. Local Police Officers (herein referred to as local safety members)'
c. Employees other than local safety members (herein referred to as
local miscellaneous members).
4. In addition to the classes of employees excluded from membership by
said Retirement Law, the followirn~ classes of employees shall not become
members of said Retirement System:
NO ADDITIONAL EXCLUSIONS
5. After March 1, 1974 and prior tc January 1, 1975, those members who
were hired by Public Agency on ~~ temporary and/or seasonal basis not to
exceed 6 months were excluded from PERS membership by contract.
Government Code Section 2030; 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 compen:~ation to be provided for each year of
credited prior and current service for local miscellaneous members shall
be determined in accordance with Section 21354 of said Retirement Law,
subject to the reduction provided therein for service on and after
December 31, 1981_, the effectivE~ date of Social Security co:~erage, for
members whose service has been included in Federal Social Security
(2.5% at age 55 Full and Modified).
/~-`~
If
~~--!'r`"~~L ~O ~`u'It~~ C't~~~ ssrs,r~('`t-r (r~~.,~.
7. The percentage of final compE~nsation to be provided for each year of
credited prior and current senrice 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}.
8. Public Agency elected and elects to be subject to the fallowing optional
provisions:
a. Section 21222.1 (One-l-ime 5% Increase - 1970) for local
miscellaneous members only. Legislation repealed said Section
effective January 1, 1980.
b. Section 20965 (Credit for Unused Sick Leave) for local
miscellaneous members oily.
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, 1.980.
d. Section 20690, Statutes of 1980, (To Prospectively Revoke Section
20614, Statutes of 1978) for local miscellaneous members only.
e. Section 20042 (One-Year Final Compensation) for local
miscellaneous members only.
f. Section 21024 (Military Service Credit as Public Service), Statutes
of 1976 for local miscellane~~us members only.
g. Section 21023.5 (Public Service Credit for Peace Corps or
AmeriCorps: VISTA Service) for local miscellaneous members only.
h. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local
miscellaneous members only.
Section 21583 (Additional Opportunity to Elect 1959 Survivor
Benefits) for local miscellaneous members only.
/ ~ -~
w`
M h( I• ~ F ~ j ~ I ~ ~ ~ ~ ~ ~ `~ { ~i ~ ~ 5 a ~T^ ,^F k ~, r : ,
Y . ~ V tit I F {' f" M, F"~ ~ ~y, ` ~ 4 :~J ~.
9. Public Agency, in accordance with Government Code Section 20790,
ceased to be an "employer" for purposes of Section 20834 effective on
December 22, 1976. Accumulai:ed contributions of Public Agency shall be
fixed and determined as proviced in Government Code Section 20834,
and accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20834.
10. Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuations of prior and future service liability with
respect to local miscellaneous members and local safety members of said
Retirement System.
11. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21574 of said Retirement
Law. (Subject to annual change.) In addition, all assets and
liabilities of Public Agency and its employees shall be pooled in a
single account, based on term insurance rates, for survivors of all
local miscellaneous members.
b. A reasonable amount, a:~ fxed 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 bylaw.
c. A reasonable amount, as fixed by the Board, payable in one
installment as the occasions arise, to cover the costs of special
valuations on account of erployees of Public Agency, and costs of
the periodic investigation grid 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 ~~n account of the experience under the
Retirement System as determined by the periodic investigation and
valuation required by said Retirement Law.
~a-~
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 ~~f any employee may be made by direct
payments between the employeE~ and the Board.
~~.
B. This- amendment sh fa {`.be effective on the day of
BOARD OF ADMINISTR '~f'tON CITY COUNCIL
PUBLIC EMPLOYEES' ~~oTIREMENT SYSTEM CITY OF CUPERTINO
//{//{~~•~~•
4 ~~
BY ~~ B~. ~rJ
KENNETH W. MAR~~N, CHIEF- PRESIDING OFFICER
ACTUARIAL & E~.OYER SERVICES DIVIS iON ~~.
PUBLIC EMPLOY S RETIREMENT SYSTEM
~...~,. Witness Date ~
Attest: ~C`j
,~~~`
Clerk ~'~
AMENDMENT
PERS-CON-702A (Rev. 8\95)
~a-7