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HomeMy WebLinkAboutRES NO 139-02 RESOLUTION I 3 9' 0 P., AUTHORIZING A CORRECTION TO THE AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL CITY OF BAKERSFIELD WHEREAS, the City Council of the City of Bakersfield hereinafter referred to as Public Agency, and the Board of Administration of the Public Employees' Retirement System entered into a contract effective August 1, 1944 providing for the participation of Public Agency in the Public Employees' Retirement System; and WHEREAS, due to an inadvertence, paragraph "7" 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 21354.3 of said Retirement Law (3% at age 60 Full). [Note that future legislative proposals are being considered. One proposal could amend the 3% at 60 benefit formula under Government Code Section 21354.3 to coincide with the 2.7% at 55 benefit formula under Section 21354.5 between the ages of 50 and 55. Another proposal being considered could amend Government Code Section 21354.3 to make the 3% @ 60 formula applicable to both active 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 July 15, 2002 as follows: A. Paragraph 7 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 July 15, 2002 shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full)"; and B. Paragraph 8 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 July 15, 2002 shall be determined in accordance with Section 21354.3 of said Retirement Law (3% at age 60 Full)"; and Paragraph numbers "8 through 15"; shall be renumbered paragraph numbers "9 through 16". 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 21 day of AU6UST ?002 BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM KE ~N F:/T'H V~. MARZION,ICHIEF (~ ACT[:r'ARIAL/8, EMPL,O, YER SERVICES DIVISION PUBLIC EMPLOYEES RETIREMENT SYSTEM 616 Resolution 7-2002 CITY COUNCIL CITY OF BAKERSFIELD PR'E§IDII~G OFFICER /' Attest: Clerk "')~iGiNAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting hereof held on AUG 2 1 200Z , by the following vote: ABSTAIN: ABSENT: COUNCtLMEMBER SALVAGGIO, CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN COUNClLMEMBER COUNCILMEMSER COUNCILMEMBER CITY CLERK and Ex Officio Cle~ of the Council Of the City of Bakersfield APPROVED AUG 21 HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: /~}.~.BART THIL~EN---~- -~ CITY ATTORNEY of the City of Bakersfield ORIGINA