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Home My WebLink About9548 - Ocean Lifeguards Compensation PlanRESOLUTION NO. 9548 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 NEWPORT BEACH (CHP 2% AT 50 - OCEAN LIFEGUARDS) 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 submit 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 con- tract; and change: WHEREAS, the following is a statement of the proposed. TO PROVIDE 2% AT AGE 50 RETIREMENT PLAN, PURSUANT TO SECTION 21252.01 OF THE RETIREMENT CODE, FOR OCEAN LIFEGUARDS NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach does hereby give notice of intention to approve an amendment to the contract between the City Council of the City of Newport Beach and the Board of Administration of the Public Employees' Retirement System, a copy of said amend- ment being attached hereto as an Exhibit, including a statement • of the increased costs to the City attendant to said amendment, and by this reference made a part hereof. ADOPTED this 23rd day of April , 1979. a,s ATTEST: ^ CERTIFIED AST ORIGINAL ".........- -...........__.. C& CLERK Of THE CITY OF NeW'FOS.T _ACH ty Clerk DDO /kb DAM APR 3 0 1979 4/13/79 AIM MM M TO COi1TRACT BETWEEN THE BOARD OF ADMINISTRATION PUBLIC MIPLOYEES' RETIRMEAT SYSTEM AND THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH • The Board of Administration, Public plSpeeg. Reti`�,,emc6� stem, herein- after referred to as "Board ", and the gov n�eg;4�d��to above public agency, hereinafter referred to as "Public Agency , entered into a contract under date of April 27, 1945, effective Ju 1945,and as amended effective March 1, 1948, November 1, 1951, April 1,'1956, October 31, 1970 September 18, 1971, December 11, 1971, September 24, 1977, December 18, 1977, June 17, 1978, March 24, 1979, 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 March 24, 1979, and hereby replaced by the following paragraphs number 1 through 10 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 age10 shall mean age 60 for miscellaneous members and age 50 for local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after July 1, 1945, 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 apply 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 law or this agreement. a. Local Firemen (herein referred to as local safety members); b. Local Policemen (herein referred to as local safety members); c. Lifeguards on ocean beaches (included as local safety members); d. Employees other than local safety members (herein referred to as miscellaneous members). In addition to flee classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System. NO ADDITI014AL EXCLUSIOITS PERS -CON -702 -1 • 4. The fraction of final compensation to be provided for each year of credited prior and current service as a miscellaneous member shall be determined in accordance with Section 21251.13 of said Retirement Law (2% at age 60). 5. The fraction of final compensation to be provided for each year of credited prior and current service as a safety member shall be determined in accordance with Section 21252.01 of said Retirement Law (2a at age 50); 6. The following additional provisions of the Public Employees' Retirement • Law which apply only upon election of a contracting agency shall apply to the Public Agency and its employees: a. 20019.3 (providing for inclusion of lifeguards on ocean beaches as local safety members). b. Sections 21380 -21388 (providing for allowances for survivors of members covered under the 1959 Survivor's Program upon the member °s death before retirement). c. Section.20930.3 (allowing public service credit under the provisions of Chapter 830, Stats. 1976, for up to four years of continuous military or merchant marine service). d. Section 21389 (providing that miscellaneous members not covered by "Federal Social Security who did not elect to be covered by the 1959 Survivor Benefit when Public Agency added said benefit to its contract shall be given another opportunity to elect to be covered under the program). e. Section 20862.8 (providing service credit at retirement for unused sick leave), for miscellaneous members. 7. 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 September 24, 1977. Accumulated contributions of Public Agency as of the aforementioned date shall be fixed and determined a's provided in Section 20759, Government Code, and accumulated contributions as of the afore- mentioned date and contributions thereafter made shall be held by the Board as provided in Section 20759, Government Code. 8. Public Agency shall contribute to said Retirement System as follows: a. With respect to miscellaneous members, the agency shall contribute the following percentages of monthly salaries earned as miscellaneous members of said Retirement System: (1) 9.145 percent on account of the liability for current service benefits. (2) 0.282 percent on account of the liability for the 1959 Survivor Program. PERS -CON - 7022) • 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) 19.538 percent on account of the liability for current service benefits. (2) .004percent on account of the liability for the 1959 Survivor Program. C. A reasonable amount per annum, as 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 periodical investigation and valuations required by law. 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 periodical investigation and valuations required by law. 9. 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 periodical investigation and valuation required by said Retirement Law. 10. 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 day of , 19 PEES -COX -7020 Witness our hands this BOARD OF ADMINISTRATION PUBLIC E VLOYEES' RETIREWNT.SYSTEM d. BY Carl J. Blechinger, Executyyg facer " -. Approved as to form: j.� Legal Office, PE:'.S day of , 19 OF THE BY Presiding Officer ,Attest: Clerk PEP S -CON -70� A u 5 CITY OF NEWPORT BEACH Increased costs to the City of Newport Beach amending the Public Employees' Retirement System contract to provide 2% @ 50 Retirement Formula for Lifeguards. Safety Members Estimated annual P.E.R. expense before amendments $48,482.00 Estimated increase P.E.R.S. expense for: (Note 1) 2% @ 50 Retirement Formula for Lifeguards $ 2,205.00 Estimated annual P.E.R.S. expense providing 2% @50 Retirement Formual for Lifeguards $50,687.00 NOTE l: The above estimate is based on the annual budgeted wages of Lifeguards for Fiscal Year 1979/80. 10