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R-9877 RESOLUTION NO, 9877 (CCS) (CITY COUNCIL SERIES) A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF SANTA MONICA 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 procedure 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 21548 (Pre-Retirement Optional Settlement 2 Death Benefit); and Section 21574 (Fourth Level of 1959 Survivor Benefits) for local fire members only. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF SANTA MONICA does hereby give notice of intention to approve an amendment to the contract between the City of Santa Monica 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. 1 The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO ftOAM: 2 A I'""_tde. ... ..' . .L"I'K'.. ~ ex.-rr California Public Employees' Retirement System .c.o<=.__~ ~--~.u AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of Santa Monica . 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 July 1, 1944, and witnessed April 5, 1944, and as amended effective March 1, 1950, September 1, 1951, June 1, 1954, November 1, 1960, February 1, 1962, September 12, 1965, November 1, 1969, November 25,1973, January 20,1974, March 3,1974, June 28, 198'!, May 13,1984, January 1, 1992, April 25, 1993, January 12, 1996, January 15, 1999, Novlsmber 13, 1999, November 19, 2000, April 28, 2001, September 14, 2001, December 16, 2001 and January 12, 2003 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 January 12, 2003, 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, age 55 for local fire members and ocean beach lifeguards, and age 50 for local police members, 2. Public Agency shall participate in the Public Employees' Retirement System from and after July 1, 1944 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 " ,~8se OONOi~S.tEXHlllr_~ 3, Employees of Public Agency in the following classes shall bE~come 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, Ocean Beach Lifeguards (included as local safety members); d 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. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full), 6. The percentage of final compensation to be provided for each year of credited prior and current service as an ocean beach lifeguard shall be determined in accordance with Section 21366 of said Retirement Law (One-half pay at age 55 Full), 7 The percentage of final compensation to be provided for each year of credited prior and current service as a local police member shall be determined in accordance with Section 21362,2 of said Retirement Law (3% at age 50 Full), 8. The percentage of final compensation to be provided for each year of credited prior and current service as a local fire member shall be determined in accordance with Section 21363,1 of said Retirement Law (3% at age 55 Full), 9, Public Agency elected and elects to be subject to the following optional provisions: a, Section 20421 ("Local Safety Member" shall include ocean beach lifeguards of a city as described in Government Code Section 20421), b. Section 21571 (Basic Level of 1959 Survivor Benefits) for ocean beach lifeguards, c, Section 21222,1 (One-Time 5% Increase - 1970), Legislation repealed said Section effective January 1, 1980, 4 PLEASE'.NOl_~ / At.... '.It .~;\Pl..... '.. -.~1..... d, Sections 21624 and 21626 (Post-Retirement Survivor Allowance) for local police members and local fire members only. e, Section 20042 (One-Year Final Compensation) for local police members, local fire members, and local miscellaneous members only, f, Section 21024 (Military Service Credit as Public Service), Statutes of 1976, g. Section 20903 (Two Years Additional Service Credit), h, Section 21573 (Third Level of 1959 Survivor Benefits) for local miscellaneous members only. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local police and local fire members only, Section 21548 (Pre-Retirement Optional Settlement 2 Death Benefit) for local fire members only, 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 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, b. 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 police members and local fire members, c, 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, 5 d, 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 mad~by direct payments between the employee and the Board, (;:)~ B, on the day of BOARD OF PUBLIC BY RETIREMENT SYSTEM Clerk AMENDMENT ER# 54 PERS-CON-702A (Rev. 8\02) 6 AdoplIId 8I1d lIIlPI"OV8d this 22nd dByof #.~ Mayor Bloom I, Maria M, Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 9877 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 22nd day of July, 2003, by the following vote: Ayes: Council members: Genser, Mayor Pro Tem McKeown, Feinstein, Mayor Bloom Noes: Council members: None Abstain: Council members: None Absent: Council members: O'Connor, Holbrook, Katz ATTEST: L'\n.~~ Maria M, Stewart, City Clerk 7