Loading...
HomeMy WebLinkAbout04-331 - ResolutionsRESOLUTION 04-331 AUTHORIZING A CORRECTION TO THE AMENDMENT TO CONTRACT BETWEEN THE . • . • - � _ it _ l� T.FBI CITY COUNCIL CITY OF RANCHO CUCAMONGA WHEREAS, the City Council of the City of Rancho Cucamonga hereinafter referred to as Public Agency, and the Board of Administration of the Public Employees' Retirement System entered into a contract effective January 28, 1978 providing for the participation of Public Agency in the Public Employees' Retirement System; and WHEREAS, said contract was amended effective December 2, 2002; and WHEREAS, due to an inadvertence, paragraph "Y read: " The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21354.4 of said Retirement Law (2.5% at age 55 Full). [Note that legislation has been proposed that could amend Government Code Section 21354.4 to make the 2.5% at 55 benefit formula applicable to both active members and inactive members who have not yet retired. If enacted, this amendment could have an effect on your agency's actuarial valuation and employer contribution rates in future years.]";and WHEREAS, Section 20472 of the Government Code provides that corrections may be made 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 correction to the amendment to contract effective December 2, 2002 as follows: A. Paragraph 5 of said contract shall be changed as follows: "The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment before and not on or after December 2, 2002 shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full)"; and B. Paragraph 6 of said contract shall be added as follows: " The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment on or after December 2, 2002 shall be determined in accordance with Section 21354.4 of said Retirement Law (2.5% at age 55 Full)"; and C. Paragraph numbers "6 through 11 "; shall be renumbered paragraph numbers 7 through 12". 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 3rd day of _ November 2004 BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF RANCHO CUCAMONGA Attest: rt Clerk 616 Resolution 7-2002 RESOLUTION NO. 04-331 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING A CORRECTION TO THE AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA WHEREAS, the City Council of the City of Rancho Cucamonga hereinafter referred to as Public Agency, and the Board of Administration of the Public Employees' Retirement System entered into a contract effective January 28, 1978 providing for the participation of Public Agency in the Public Employees' Retirement System; and WHEREAS, said contract was amended effective December 2, 2002; and WHEREAS, due to an inadvertence, paragraph "5" read: "The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21354.4 of said Retirement Law (2.5% at age 55 Full) [Note that legislation has been proposed that could amend Government Code Section 21354.4 to make the 2.5% at 55 benefit formula applicable to both active members and inactive members who have not yet retired. If enacted, this amendment could have an effect on your agency's actuarial valuation and employer contribution rates in future years.]"; and WHEREAS, Section 20472 of the Government Code provides that corrections may be made 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 correction to the amendment to contract effective December 2, 2002 as follows: A. Paragraph 5 of said contract shall be changed as follows: "The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment before and not on or after December 2, 2002 shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full)", and Resolution No. 04-331 Page 2of3 B. Paragraph 6 of said contract shall be added as follows: "The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment on or after December 2, 2002 shall be determined in accordance with Section 21354.4 of said Retirement Law (2.5% at age 55 Full)", and C. Paragraph numbers "6 through 11"; shall be renumbered paragraph numbers 7 through 12". Please see the following page for formal adoption, certification and signatures Resolution No. 04-331 Page 3 of 3 PASSED, APPROVED, AND ADOPTED this 3rd day of November 2004. AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams NOES: None ABSENT: None ABSTAINED: None William . xan r, Mayo ATTEST: ebra J. Adams MC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 3rd day of November 2004. Executed this 4t" day of November 2004, at Rancho Cucamonga, California. Debra J. Adam MC, City Clerk