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HomeMy Public PortalAboutResolution - 77-06- 19770209 - Approve Amend to RetiremRESOLUTION NO. 77-6 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Park District on February 9 meeting thereof, by the following vote: AYES: NOES: , 19 77 , at a regular D. Wendin, G. Seager, K. Duffy, B. Green, N. Hanko and E. Shelley None ABSTAIN: None ABSENT: H. Turner ATTEST APPROVED: Secreta+ y, Board of ► irectors President, I, the District Clerk of the Midpeninsula Regional Park District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the District by the above vote at..a meeting thereof duly held and called on the above date. District Clerk RESOLUTION NO. 77-6 Meeting 77-4, .genda item No. 2(b)) ..1:S,OLUTION Ot• I!J E_iTI•`)_. TO APPROV71;.=. . _.,..):'ENT TO CO_Ze7 ALT Bf.ITTE:,SI BOARD OF rs. NIJISTR TI01s or T=i. PUBLIC :, .PLOY ,ES t :ENT Sim.:.-. AND THE BOARD OF DIRECTORS OF THE. MDPEWINSULA REGIONAL PARK DISTRICT WITEREAS, 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 nay elect to subject them- selves 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 resolu- tion 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: Provide final compensation on the basis of 1 year instead of 3 years. NOW, THEREFORE, BE IT RESOLVED, that the governing body of the above agency gives, and it does hereby give notice of intention to approve an amendment to the contract between the said governing body 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. BOARD OF DIRECTORS OF THE IIDPENINSULA REGIONAL PARK DISTRICT. President (Title) February 9, 1977 (:;ate adopted and approved) Ret. Form 122 AnNIEE.: TO C ':. �..iC ''= H = • BOARD 17 OF :I::IJi A`�Io: UDLIC Et•IPLOYI 3' Tri=E_:T STST •I • 4.0 AND THE BOARD OF DI ECTO 7S OF THE MIDPENISULA ..E0IONAL PARK DISTRICT The Board of Administration, Public Employees' Retirement Sys tern, hereinafter referred to as Board and the BOARD OF DIRECTORS of the I s.DPE I sSULA REGIO AL PARK DISTRICT, hereinafter referred to as Public Agency having entered into a contract under date of November 14, 1973, effective December 31, 1973, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as f ollows : A. Paragraphs 1 through 7 are hereby stricken from: said contract as executed effective December 31; 1973, and are hereby replaced by the following paragraphs numbered 1 through 9 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 for; "Normal retirement age" shall .mean . age 60 for miscellaneous members. -. Public Agency shall participate in the Public Employees' • Retirement System from and after May 16, 1966, making its employees as herein- after 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 px ovided for herein and • to all amendments to said Lair hereafter enacted except such as by express provision 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 t heis a ;reement . a. Employees other than local firemen and local policemen (herein referred to as miscellaneous meu'oers). The following employees shall be excluded from membership in said Retirement Sy stern: NO ADDITIONAL E.LCLUSI HS 4. The fraction of final compensation to be provided for each year of credited prior and current service as a :miscellaneous merioer upon retirement at nor2al re t it ene::t a. a shall be as provided in Section of me t La 21251.13 � said }.e •J .l.l B:. 1V �! • Ret. Form 702-4 5. Public . t-iger:Cy, in accordance with Section 20740, Government Code, shall cease to be an "employer" for. the purposes of Chapter 6 of the Public Employees' Retirement LEN effective as of the effective date of, this amendment to this contract. Accumulated contributions of the Public Agency as of the date of such amendment shall be fixed and determined as provided in Section 20759, Government Code, and such accumulated contributions and contributions hereafter made shall be held by the Board as provided in Section 20759, Government Code. 6. The following additional provisions of the Public Employees' Retirement 'Law which apply only upon election 6f a contracting agency shall apply to the Public Agency and its employees: a. Section 20024.2 (defining " final compensation_" on the basis of average compensation earnable during the year immediately preceding retirement or any other one year period elected by the member) . 7. Public Agency shall contribute to said Retirement System as.follo s: a. With respect to miscellaneous members, the public agency shall contribute the" follo rring percentages of .monthly - salaries earned as miscellaneous members of said System: (1) 0.040. percent until June 30, 2000 on account of the liability for prior service benefits. (2) 6.195 percent on account of the liability for current service benefits. b. A reasonable amount* per annum, as fixed by Board to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations of the periodical investigations and valuation required by la., provided that said amount shall be determined on the basis of the number of employees of Public Agency who are reported as members of a payroll designated by the System covering one month of each year, or with respect to the first year of participation, - on the effective date of said participation. c. A reasonable amount as fixed by the Board, payable in one install- ment as the occasions arise, to cover costs of special valuations on account of employees of Public Agency, and costs of the period-- ical investigation and valuation required by law.. . $. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees Retirement Lau, and on account of experience under the Retirement System, as determined by the periodical investigation and valuation required by said Retirement Lau. Ret. Form 702-2 9. Contributions required of Public Agency and its employees shall be paid by the Public Agency to the Retirement System within thirty days after the end of the period to which said contributions refer. If more or less than the ccrrect amount of contribution is paid for any perio6., proper adjustment shall be made in connection with subsequent remittances or adjustment on account of errors in contributions re --- required of any employee may be made by direct cash payments between the employee and 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 • Witness our hands this - day of. • --. -"BOARD OF AMI`:ISTRATION - PUBLIC EHPLOYt ES' P TP :-OJT SYSTEM BY BY -• Carl J. Blechinger, Executive Officer BOARD OF DIRECTORS OF Tim• • MIDP MISULA . RE IOUAL PARK DISTRICT. . Presiding Officer Approved as to form: Attest Legal Office, PB=S C Jerk' . . . et. Form. 702--' CERTIFICATION OF GOVERNING BODY'S ACTION I hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the of the BOARD OF DIRECTORS (Governing Body) ?EIDPENINSULA REGIONAL PARK DISTRICT (Name of Public Agency) on February 9. 1977 (Date) ili SN'4X�tX2'X§61( VIgNMK in log the (Minutes) ( EIK XIKi f1X of. the BOARD OF DTAPOTORS (Governing Body) XAMUOLVOIR District Clerk PERS-ACT-12 (11/71)