HomeMy Public PortalAboutResolution - 77-12- 19770309 - Auth Amend to RetirementRESOLUTION NO. 77-12
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula
Regional Park District on March 9
meeting thereof, by the following vote:
, 19 77 , at a regular
AYES: K. Duffy, B. Green, N. Hanko, G. Seager, H. Turner and
D. Wendin
NOES: None
ABSTAIN: None
ABSENT: E. Shelley
Secr -ry, Board o► Directors President, Board
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 . 77-12
OF THE
BOARD OF DIRECTORS
(Name of Governing Body)
AUTHORIZING AN AMENDMENT TO THE CONTRACT PROVIDING FOR THE PART I C I PAT I ON
OF THE MIDPENINSULA REGIONAL PARK DISTRICT
(Name of Public Agency)
IN THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM, MAKING ITS EMPLOYEES MEMBERS
OF SAID SYSTEM.
WHEREAS, the Board of Administration of the Public Employees' Retirement System
and _ of the
Name of Governing Body) (Name of Public Agency)
entered into a Contract effective on, Npvpmher 14 , 192,3„_, providing for the
participation of said Ma per i razilp Regi nn� Pa k ni st1.�n the Public Employees'
(Name of Public Agency
Retirement System; and
WHEREAS, it is now desirable to take advantage of certain benefits provided
under said Retirement System, and not included in said contract;
NOW, THEREFORE, BE IT RESOLVED • that said Board of Directors
(Name of Governing Body)
authorized, and it does hereby authorize, an amendment to said Contract, a copy of
said amendment being attached hereto marked "Exhibit A", and by such reference made
a part hereof as though herein set out in full; and
BE IT FURTHER RESOLVED that the presiding officer of said
Directors
Board of
(Name of
be, and he is hereby authorized, empowered and directed to
rict
Governing Body)
execute said amendment for and on behalf of said Midpeninsula Regional Park District
(Name of Public Agency)
Adopted this _ day of , 19 .
Attest:
Presiding Officer
District ClerlcW eft
PERS-ACT-13 (Amendment) 11/71
(ant,
EXHIBIT A
AIISD: ENT TO CO:i ,.ACT DETW:EN TH
EOOD OF AD: I::IST1.TIo:.
PUBLIC E.:PLOL ES i x T l'.►�.TI`;o.72 SYS •J
AND T1fl
BOARD OF DI ECTORS
OF THE
IIDP. !INSULA REGIO''AL
PARK DISTRICT
The Board. of Administration, Public Employees' Retirement System, hereinafter.
referred to as Board and the BOARD OF DIRECTORS of the EIDPLi3INSULA RE IO:TAL 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 foll o.rs :
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 nwabered 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 runless otherwise specifically provided for. "Normal
retirement age" shall mean age 60 for miscellaneous members.
2. Public Agency shall participate in the Public Employees' Retirement
System from and after Lay 16, 19.6, making its employees as herein-
after provided, members tubers 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 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 theis agreement.
a. Employees other than local firemen and local policemen
(herein referred to as miscellaneous members)
The following employees shall be excluded from membership in said
Retirement System:
NO ADDITIc:YAL EXCLUSIONS
4. The fraction of final compensation to be provided for each year of
credited prior and current service as a miscellaneous member upon
retirement at normal retirement age shall be as provided in Section
21251.13 of said Retirement.Lem.
r et . Form 702-1
5. Public Agency, in accordance .•rith Section 20740, Government Code,
shall cease to be an "employer" er" for the purpoees of Chapter 6 of the
Public Employees' Retirement Law 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 Of 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 follows:
a. + Nith respect to miscellaneous members, the public agency shall
contribute the following percentages of monthly salaries oarned
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 law,
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.
8. 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 experience under the
Retirement Syste;a, as determined by; the periodical investigation
and valuation required by said Retirement Law.
Ret. Form 702-2
s
9. Contributions reaured of Public Agency and its employees shall be
paid by the Public Agency to the Retirement :ent System within thirty days
after the end of the period to which said contributions refer. If
More or less than the correct amount of contribution is paid for any
period, 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, honey *orders, or. cash.
B. This amendraent.shall be_ attached to said contract and shall be effective
on the : day of
Witness our hands this day of
BOARD OF AD =I_IISTRATION BOARD OF DIRECTORS
. PUBLIC 1PL OYEtLS t RETIREMENT SYSTEIi OF l THE _
HIDPENINSULA REGIONAL PARK DISTRICT
. BY
Carl J. Blechinger, Executive Officer
Approved as to form:
. 4
BY
Presiding Off iceg- t`;z4.:"
Attest: >. .*'
•
Legal Office, PEP.S Clerk