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HomeMy WebLinkAbout98-72 - PERS Contract AmendmentRESOLUTION NO. 98 -72 • 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 Legislation repealed said Section effective September 27, 1979." L u r1 U C� 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 9th day of November 19 98 BOARD OF ADMINISTRATION CITY COUNCIL OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF NEWPORT BEACH BY" — 4 14-) BY KE,-4NETH W. MARZION, CHIE MA ACTUARIAL & EMPLOYER SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM Attest: Clerk 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 GOVERNING BODY'S ACTION I hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the on lI/ ?Igoo (date) PERS- CON -12 (rev. 1/96) City Council ofthe (governing body) City of Newport Beach (public agency) Clerk/Secretary Title • STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 98 -72, was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 9th day of November, 1998, and that the same was so passed and adopted by the following vote, to wit: Ayes: Thomson, Debay, O'Neil, Glover, Noyes, Mayor Edwards Noes: None Absent: Hedges Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the • official seal of said City this 10th day of November, 1998. J (Seal) 9U < � Lli�1" City Clerk of the City of Newport Beach, California