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 Legislation repealed said Section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."
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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
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•
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)
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City Clerk of the City of
Newport Beach, California