Loading...
HomeMy WebLinkAbout09 - Amendment to Correct an Error in the PERS ContractNovember 9, 1998 Council Agenda Item No. 9 CITY OF NEWPORT BEACH ADMINISTRATIVE SERVICES DEPARTMENT Resource Management • Human Resources • Risk Management • Fiscal Services • M.I.S. • Revenue • Accounting TO: Honorable Mayor and Members of the City Council FROM: Dick Kurth, Administrative Services Director (Acting SUBJECT: Amendment to Correct an Error in the PERS Cont RECOMMENDATION: Approve the resolution authorizing an amendment to correct an error in the contract between the Board of Administration of the Public Employees' Retirement System (PERS) and the City Council of the City of Newport Beach. BACKGROUND: The City of Newport Beach entered into a contract effective July 1, 1945, providing for participation in the Public Employees' Retirement System (PERS). On October 1, 1998, a representative of the Actuarial and Employer Services Division of PERS notified the City and provided the attached resolution to correct an error that was made on the contract when it was amended on December 2, 1989, and June 12, 1996. This resolution will correct the error made when the contract was amended effective June 12, 1996. At that time, paragraph 7.e. read, in error, "Section 21583 (Second Opportunity to Elect 1959 Survivor Benefits) for local miscellaneous members. Legislation repealed said Section effective September 27, 1979." The correct section code for this benefit is 21389. Adoption of the resolution will correct the contract effective June 12, 1996, the date this error was made. In addition, when the contract was amended effective December 2, 1989, paragraph 7 did not include Section 20042 (One Year Final Compensation) for local miscellaneous members and local safety members. This error has been repeated in the subsequent contract amendment effective June 12, 1996. The attached resolution will also correct this error. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING AN AMENDMENT TO CORRECT AN ERROR IN THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH WHEREAS, the City Council of the City of Newport Beach hereinafter referred to as Public Agency, and the Board of Administration of the Public Employees' Retirement System entered into a contract effective July 1, 1945, providing for the participation of Public Agency in the Public Employees' Retirement System; and WHEREAS, said contract was amended effective June 12, 1996, and due to an inadvertent error, "Section 21583 (Second Opportunity to Elect 1959 Survivor Benefits) for local miscellaneous members" should have read "Section 21389 (Second Opportunity to Elect 1959 Survivor Benefits) for local miscellaneous members "; and WHEREAS, said contract was amended effective December 2, 1989, and June 12, 1996, and due to an inadvertent omission "Section 20042 (One Year Final Compensation) for local miscellaneous members and local safety members" was not included in the contract amendment; and WHEREAS, Section 20472 of the Government Code provided that errors in any contract may be corrected through amendments approved by the adoption of suitable resolutions by the contracting parties; NOW, THEREFORE, BE IT RESOLVED that said governing body of Public Agency authorizes, and it does hereby authorize, a contract error amendment to said contract effective June 12,1996, as follows: A. Paragraph 7.e. of the contract amendment effective June 12, 1996, shall be changed as follows: "Section 21389 (Second Opportunity to Elect 1959 Survivor Benefits) for local miscellaneous members. Legislation repealed said Section effective September 27, 1979." B. Paragraph 7 of the contract amendment effective December 2, 1989, and all subsequent amendments thereto shall be changed to include the following: "Section 20042 (One Year Final Compensation) ." BE IT FURTHER RESOLVED, that the presiding officer of the governing body of Public Agency is hereby authorized, empowered, and directed to execute said amendment for and on behalf of Public Agency. Adopted this day of BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY KENNETH W. MARZION, CHIEF ACTUARIAL & EMPLOYER SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM 19 CITY COUNCIL OF THE CITY OF NEWPORT BEACH BY MAYOR Attest: Clerk