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Resolution No. 1410I RESOLUTION NO. 1410 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING ITS INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF CYPRESS WHEREAS, 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 may elect to subject themselves and their employees to amendments to said law; and WHEREAS, one of the steps required in the procedure to amend this contract is the adoption by the legislative body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the changes proposed in said contract; and WHEREAS, attached is a summary of the major provisions of the proposed plan. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cypress gives, and it does hereby give, notice of intention to approve an amendment to contract between said City Council and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment and a summary of the major provisions of the proposed change being attached hereto, marked Exhibits "A", "B", and "C", and by this reference made a part hereof. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 12th day of November, 1973. ATTEST: CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS /7 ,4/ MAj R OF THE CITY OF CYPRESS I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the said City Council held on the 12th day of November, 1973, by the following roll call vote: AYES: 5 COUNCILMEN: Frankiewich, Harvey, Kanel, Lacayo and Roberts NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None CITY CLERK 0F�THL C�/F CYPRESS EXHIBIT "A" AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF CYPRESS The Board of Administration, Public Employees' Retirement System, herein- after referred to as Board, and the CITY COUNCIL of the CITY OF CYPRESS, here- inafter referred to as Public Agency, having entered into a contract under date of March 9, 1964, effective May 1, 1964, and as provided by Chapters 170 and 316, Statutes of 1971, which provide for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective May 1, 1964, and are hereby replaced by the fol- lowing paragraphs numbered 1 through 8 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. "Normal retirement age" shall mean age 60 for miscellaneous members and age 55 for local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after May 1, 1964, 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 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 and groups shall become members of said Retirement System except such in each such class and group as are excluded by law or this agreement: a. Local firemen (herein referred to as local safety members); b. Local policemen (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as miscellaneous members). In addition to the employees excluded from membership by said Retire- ment Law, the following employees shall not become members of the Retirement System: NO ADDITIONAL EXCLUSIONS 4. The fraction of final compensation to be provided for miscellaneous members for each year of credited prior and current service shall be that provided in Section 21251.13 with all service prior to the termi- nation of Social Security coverage subject to the reduction provided by said section. 5. The following 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 21252.6 (providing for the fraction of final compensation to be provided for each year of credited prior and current service as a local safety member). b. Section 20952.5 (providing for age 50 as the minimum voluntary retirement age for local safety members with beiefit payments commencing prior to age 55 subject to actuarial discount). c. Section 21263 (providing upon death of a local safety member who retired for service or disability for the continuation of one-half the retirement allowance to certain survivors). 6. Public Agency shall contribute to said Retirement System as follows: a. With respect to miscellaneous members, the agency shall contri- bute the following percentages of monthly salaries earned as miscellaneous members of said System: (1) 0.22 percent until June 30, 2000 on account of the liability for prior service benefits. (2) 7.67 percent on account of the liability for current service benefits. b. With respect to local safety members, the public agency shall contribute the following percentages of monthly salaries earned as local safety members of said System: (1) 0.629 percent until June 30, 1984 on account of the liability for prior service benefits. (2) 12.893 percent on account of the liability for current service benefits. c. 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 or of the periodical investigation and valuation required by law. d. A reasonable amount as fixed by the Board, payable in one instal- ment as the occasions arise, to cover costs of special valuations on account of employees of Public Agency, and costs of the periodi- cal investigation and valuation required by law. 7. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement System, as determined by the periodical investi- gation and valuation required by said Retirement Law. 8. Contributions required of Public Agency and its employees shall be paid by 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 correct amount of contribution is paid for any period, proper adjustment shall be made in connection with subsequent remittances, or adjustments on account of errors in 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. The provisions of this amendment shall be attached to said contract and shall become effective on the 1st day of January, 1974. Witness our hands this 12th day of November, 1973. BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY COUNCIL OF THE CITY OF CYPRESS BY BY William E. Payne, Executive Officer Presiding Officer Attest: BY - 2 - Clerk 11� EXHIBIT B SUMMARY OF MAJOR PROVISIONS 2% at 60 (1/50) Retirement Program Local Miscellaneous Members (for service after termination of Social Security) MEMBERSHIP Membership is compulsory for all employees, other than elected officials, who are employed one-half time or more except those excluded under the contract. SERVICE RETIREMENT The earliest retirement compulsory retirement age is 55 and 67, provided he meets service or have attained the age is 55; the normal retirement age is 60; and the 67. An employee may retire any time between these ages, the minimum requirements that he either have 5 years of compulsory retirement age of 67. The monthly income is determined by age at retirement, years of credited service, and "final compensation". The basic benefit will be 2% of "final com- pensation" for each year of credited service upon retirement at age 60. If re- tirement is deferred beyond age 60, the percentages of "final compensation" for each year of service are increased actuarially up to age 65 but not beyond. If retirement is earlier than age 60, the percentages of "final compensation" for each year of service are actuarially decreased. Service credit prior to Social Security termination is computed on the modified 1/50 formula with all service on or after termination of Social Security computed on the full formula. "Final compensation is the highest average annual compensation (excluding over- time) earnable by a member during the three consecutive years of employment immediately preceding the effective date of retirement or during any other period of three consecutive years designated by the member. A minimum service retirement allowance of $100 per month is guaranteed upon compulsory retirement with credit for prior service. DISABILITY RETIREMENT An employee becoming disabled to the extent that he is incapable of performing his duties shall be eligible for disability retirement provided he has at least 5 years of service. The monthly retirement allowance is 1.80% of "final compensa- tion" for each year of service, with a minimum guarantee of one-third of final compensation for most employees who have rendered at least 10 years of service. The disability retirement allowance shall under no circumstances exceed the service retirement allowance payable upon retirement for service at age 60 if employment could be continued to that age. DEATH BENEFITS Death Before Retirement Basic Death Benefit This benefit is a refund of the member's accumulated contributions plus six months' salary provided he has been a member for six years or more. For those who die before completing six years of membership, the benefit is one month's salary for each year of membership plus refund of contributions. The salary referred to is that earned during the year preceding death. Prior service does not count toward this benefit. 1957 Survivor Benefit Employees with 5 or more years of service who have reached the minimum age for service retirement have further death protection under this item. Here the surviving widow can elect to receive either the basic death benefit or a monthly income equal to one-half the unmodified retirement allowance the employee was eligible for on the date of his death. The monthly income lasts until the widow's death or remarriage with a guarantee that the System will pay as much as under the basic death benefit. Death After Retirement The death benefit is $500 if death occurs after retirement. This amount will be in addition to any payments which might be made under an aptional retirement benefit chosen by the member at his retirement. TERMINATION OF EMPLOYMENT Upon termination of employment, an employee with 5 or more years of service may either leave his contributions with the System and receive, upon attaining retirement age, the retirement benefit he has earned, or he may withdraw his contributions (plus interest), thus, terminating his membership in the System and receiving no retirement benefits. Except, (1) a member with less than 5 years of service shall not have the privilege of leaving his contributions with the System, but shall automatically have his contributions, plus interest, refunded upon termination of employment and (2) a member who is transferring to employment with another agency which is covered under the System shall not have the right of withdrawing his accumulated contributions. EMPLOYEE CONTRIBUTIONS Each miscellaneous member, whether a new member or a member with years of -member- ship, will start contributing at the uniform rate of 7% of salary earned, exclusive of overtime, on the date this formula becomes effective. The employer also contributes toward the cost of the benefits. The amount con- tributed by the employer for current service retirement benefits will, on the average, exceed the cost to the employee. In addition, the employer bears the entire cost of prior service benefits and disability benefits. All contribution rates are subject to revision by the Board of Administration. STC SUMMARY OF MAJOR PROVISIONS Local Safety Members - 2% at 55 Retirement Program 117 MEMBERSHIP Membership is compulsory for all employees, other than elective officials, who are employed one-half time or more except those excluded under the contract. SERVICE RETIREMIENT The earliest retirement age is 50 (discounted basis); the normal retirement age is 55; and the compulsory retirement age is 65. A local safety member may retire any time after age 50 provided he has at least 5 years of service. The monthly income is determined by age at retirement, years of credited service, and "final compensation". The latter term means the average monthly salary (excluding overtime) earned during the final 36 consecutive months unless member specifically requests another 36 consecutive month period. The basic benefit formula is designed to provide at age 55 or later an allowance equal to 2% of final compensation multiplied by the number of years of local safety member service subject to this formula. A minimum service retirement allowance of $ 100 per month is guaranteed upon com- pulsory retirement with credit for prior service. DISABILITY RETIREMENT An employee becoming disabled to the extent that he is incapable of performing his duties shall be retired for disability. His disability will be either employment connected (industrial disability) or otherwise (nonindustrial disability). An employee becoming disabled for reasons not connected with his employment shall be eligible for disability retirement provided he has at least 5 years of service; such disability allowance is equal to 1.8% of final compensation for each year of service, with a guarantee of 1/3 of such final compensation for most employees who have rendered at least 10 years of service. The "ordinary" disability retirement allowance shall under no circumstances exceed the service retirement allowance which would become pay- able at age 60 if employment could be continued to that age. DEATH BENEFITS Death Before Retirement- Basic etirement- Basic Death Benefit This benefit is a refund of -the merber's accumulated contributions plus six months' salary provided he has been a member for six years or more. F those who die before completing six years of - membership, the benefit -is one month's salary for each year of -member- ship plus refund of contributions. The salary referred to is that earned during the year preceding death. Prior service does not count toward this benefit. Industrial Death If death is service -connected in the judgment of the Industrial Accident Commis3ion, a monthly income is paid to the widow for life (or until remarriage) instead of the above basic death benefit. However, if she is also eligible for survivor benefits from Social Security because of the member's death, the State system benefit will be reduced by the amount of -such Social Security so long as Social Security benefits are payable (usually until the youngest child reaches 18 and after the widow reaches age 62). The total, including Social Security, would be 50% of "final compensation". If death was caused by external violence or physical force, the total benefit (including Social Security) would be increased to the following percentages of "final compensation" so long as the widow lives and does not remarry: Widow with 3 or more children under 18 75% Widow with 2 children under 18 70% Widow with 1 child under 18 621% 1957 Survivor Benefit Employees with 5 or more years of service who have reached the minimum age for service retirement have further death protection under this item. Here the surviving widow can elect to receive either the basic death benefit or a monthly income equal to one-half the unmodified retirement allowance the employee was eligible for on the date of his death. The monthly income lasts until the widow's death or remarriage with a guarantee that the System -will pay as much as under the basic death benefit. Death After Retirement The death benefit is $500. This is in addition to any payments which might be made under an optional retirement benefit chosen by the member at retirement. !/9 One-half Continuance Provides upon the death of a local safety member who has retired for service, or disability, for the continua- tion of one-half the retirement allowance to certain survivors. TERMINATION OF EMPLOYMENT Upon termination of employment, an employee with at least 5 years of service may either leave his contributions with the System and receive, upon attaining retirement age, the retirement benefit he has earned, or he may withdraw his contributions (plus interest), thus terminating his membership in the System and receiving no retirement benefits. Except, (1) a member with less than 5 years of service shall not have the privilege of leaving his contributions with the System, but shall automatically have his contributions, plus interest, refunded upon termination of employment, and (2) a member who is transferring to employment with another agency which is covered under the System shall not have the right of withdrawing his accumulated contributions. FYPLOYEE CONTRIBUTIONS Each member makes monthly contributions to the System which are deducted from his salary. The rate of contribution (percentage of pay) is 7% of salary earned, exclusive of overtime, on the date this formula becomes effective. The employer also contributes toward the cost of the benefits. The amount con- tributed by the employer for current service retirement benefits will, on the average, exceed the cost to the employee. In addition, the employer bears the entire cost of prior service benefits, the industrial death and disability benefits. All contribution rates are subject to revision by the Board of Administration.